FALSE CLAIMS ACT: Qui tam against Salish Kootenai College for allegedly providing false student reports to retain grants improperly dismissed on basis of tribal sovereign immunity, remanded for application of White as to whether College, as a “person” under FCA, functioned as arm of Tribe… Morris reversed. [Read more…]
Archives for 2017
False arrest of non-Indian by BIA officers
FALSE ARREST claims by non-Indian against BIA officers properly rejected based on qualified immunity, facially valid bench warrant… Haddon affirmed (unpublished). [Read more…]
Child pornography, closed bulletin board “notice”
CHILD PORNOGRAPHY: Defendant improperly precluded from arguing that posts on closed bulletin board in this particular case did not constitute “notice” or “advertisement”… Christensen reversed. [Read more…]
Settlements
Plan I
Andrew Lindeman, upper arm, 9/07, unknown, 6/08, $51,421 settlement of disputed PPD reached in 9/11 with medical reserved, disputes as to entitlement to additional compensation, $104,500 for all claims plus CHS shall pay $11,869 as seed money to fund MSA and also purchase temporary life annuity that will pay $4,954/yr for up to 18 years, stipulated judgment; Ben Snipes for Lindeman, Kelly Wills for CHS [Read more…]
Bankruptcy, health savings account exemption
BANKRUPTCY: HSAs exempt within statutory use constraints… certified question by Kirscher. [Read more…]
SNAP, failure to provide cohabitant’s income
SNAP properly terminated for failure to provide cohabitant’s income… Cooney affirmed. [Read more…]
Water well right, agreement for use, ratification
WATER WELL RIGHT: Co-tenant who was unaware of agreement for use of well and did not ratify it is not bound by it… use which began as permissive did not ripen into adverse possession… right not obtained through laches… Oldenburg reversed (IOR I-3(c)). [Read more…]
Grandparent contact, mother presumption
GRANDPARENT CONTACT: Grandparents failed to overcome presumption that Mother’s wishes are in best interest of children… Ortley affirmed (IOR I-3(c)). [Read more…]
Deliberate homicide, prior PFMA, “forceful slam”
DELIBERATE HOMICIDE: Prior PFMA involving banging wife’s head on floor properly admitted to show motive, opportunity, and absence of mistake or accident in death of infant by “forceful slam against some broad object”… conviction affirmed… Krueger affirmed. [Read more…]
Aggravated burglary, assault as lesser-included
AGGRAVATED BURGLARY: Pro-se’s imperfect instruction on assault as a lesser-included improperly denied… Boucher reversed. [Read more…]
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