Buchanan

ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANT’S MOTION TO DISMISS

After being involved in an automobile collision with Pamela Zaste, the tribal administrator for the Guidiville Indian Ranchería (“Guidiville”), plaintiff Nancy Buchanan sued Ms. Zaste, Guidiville and the United States Department of Health and Human Services (“United States”) pursuant to the Federal Tort Claims Act (“FTCA”).

At the time of the accident, Ms. Zaste was transporting Gregory Zaste, a member of the tribe who also happens to be her son, to a court-ordered drug test using a government vehicle. Plaintiff alleges that Mr. Zaste’s court-ordered drug test was part of a broader treatment plan contemplated by the Self-Determination Agreement (“Agreement”) between Guidiville and the United States. Plaintiff argues that because Ms. Zaste was acting within the scope of her employment pursuant to the Agreement, plaintiff is entitled to damages from the United States under the FTCA.

The U.S. Attorney General decided not to certify Ms. Zaste as a federal employee acting within the scope of her employment. (Stephens Deck in Supp. of Pl.’s Mot. for Summ. J., Ex. C.). In challenging the…