L. B. v. USA

FILED

NOT FOR PUBLICATION

JUL 24 2024

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

L. B., individually and on behalf of D.B., a No. 23-35538 minor, D.C. No. 1:18-cv-00074-SPW Plaintiff-Appellant,

v. MEMORANDUM*

UNITED STATES OF AMERICA; et al.,

Defendants-Appellees.

Appeal from the United States District Court for the District of Montana Susan P. Watters, District Judge, Presiding

Argued and Submitted June 3, 2024 Portland, Oregon

Before: RAWLINSON, FORREST, and SUNG, Circuit Judges.

L.B. appeals the district court’s summary judgment in favor of the United

States on the basis that Dana Bullcoming (Officer Bullcoming) was not acting in

the scope of his employment as a Bureau of Indian Affairs (BIA) police officer

when he coerced L.B. into committing sexual acts. We have jurisdiction under

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. U.S.C. § 1291. Reviewing de novo, we reverse and remand. See Airlines for Am.

v. City and County of San Francisco, 78 F.4th 1146,…