United States Federal Circuit

In a civil action arising out of an alleged police execution of an apprehended suspect on an Indian Reservation, the judgment of the Court of Federal Claims (CFC) dismissing plaintiffs' claim for damages and dismissal of a breach of trust claim under an 1868 Treaty between the United States and the Ute Tribe, is vacated where: 1) the CFC erred in dismissing plaintiff's claims by improperly limiting the scope of claims cognizable under the bad men provision of the 1868 Treaty; and 2) the CFC also erred in applying issue preclusion without considering an essential spoliation issue.

Appellate Information

• Published 2017/01/27

Judges

• O'MALLEY

Court

• United States Federal Circuit

Counsel