OFFICER SEXUAL ASSAULT: Law enforcement officers do not as matter of law act outside scope of employment when they use their authority to sexually assault a person they are investigating, question is for trier of fact… answer to 9th Circuit certified question on appeal from Watters’s conclusion that BIA officer who assaulted tribal member was not in course & scope in FTCA case. [Read more…]
Indians, Tribal Court domestic assault convictions
INDIANS: Uncounseled Tribal Court domestic assault convictions proper predicates for domestic assault by habitual offender… 9th Circuit reversed (Cebull affirmed). [Read more…]