A former Bureau of Indian Affairs agent who is not legally Indian can sue the United States for malicious prosecution and false imprisonment, a federal judge ruled.
Duane Garvais claimed Indian ancestry although he is not enrolled in any tribe. When he applied for a job at the BIA, he claimed Indian preference.
But after being arrested by the Spokane Tribe of Washington following a dispute over his employment as a BIA agent on the reservation, he said he wasn't legally Indian. Judge Justin Quackenbush agreed and said the tribe lacked the authority to arrest and detain him.
Now Quackenbush has ruled that Garvais can seek damages against the federal government for malicious prosecution and false imprisonment. Other claims against the U.S. were rejected.
Get the Story:Fired federal agent can sue U.S., judge says (The Spokesman Review 6/15) Earlier Decision:
In Re: Duane Garvais (December 2, 2004) U.S. v. Lara Decision:
Syllabus | Opinion [Breyer] | Concurrence [Stevens] | Concurrence [Kennedy | Concurrence [Thomas] | Dissent [Souter] Relevant Links:
Spokane Tribe - http://www.spokanetribe.com
Related Stories
Federal courts try to decide who is legally Indian
(8/24)Judge denies tribal jurisdiction over Indian descendant (12/8)
Federal judge to hold hearing on man's 'Indian' status (05/20)
BIA agent put on leave alleges retaliation (01/19)
