The 9th Circuit Court of Appeals upheld a $400,000 judgment for a former Bureau of Indian Affairs.
The 9th Circuit agreed with a federal judge who said Duane Garvais was fired because he investigated allegations of police corruption within
the Spokane Tribe of
Washington. Garvais faced "malicious prosecution" in tribal court at the behest of the BIA, the court said in an unpublished opinion.
"While it is a close question, the record
supports the district court’s finding that the BIA both instituted and continued the
criminal proceedings," the decision stated.
The 9th Circuit also said the evidence in the case showed that the "BIA acted in bad faith" in dealing with Garvas, who was fired after the agency claimed he wrongly filled out an Indian preference form.
Garvais descends from the Confederated Tribes of the
Colville Reservation but is not an enrolled member.
Get the Story:In brief: Lawsuit upheld against BIA (The Spokesman Review 3/18) 9th Circuit Decision:
Garvais v. US (March 16, 2011) District Court Decision:
Garvais v. US (February 17, 2010) Related Stories:
BIA ordered to pay $400K to former police officer (2/19)
Judge allows suit by fired BIA agent in 'Indian' case (6/15)
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)
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