Marlys Bear Medicine v. United States ex rel. Secretary of the Department of Interior

Leland Kicking Woman, a male member of the Blackfeet Indian Tribe (the “Tribe”), was fatally injured when a tree fell on him at a logging site on the Blackfeet Indian Reservation in Montana. Kicking Woman’s descendants and executors filed an action under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 2671-2680 , against the United States. In granting the Government’s motion for summary judgment, the district court held that Plaintiffs failed to state a cause of action under Montana law and, even if a cause of action were stated, the discretionary function exception to the FTCA barred the suit. We hold that Plaintiffs have stated a cause of action under Montana law and that the discretionary function exception does not apply. We reverse the district court.

Background

Federal statutes and regulations give the Department of the Interior, acting through the Bureau of Indian Affairs (the “BIA”), responsibility for the management and preservation of the forests located on the Blackfeet Indian Reservation. 25 U.S.C. §§ 406-407 ; 25 C.F.R. § 163 . 1 No *1212 logging activities may take place on the reservation without the authorization of the BIA, which furnishes contracts for the…