Jackson v. United States

MEMORANDUM **

Cleora Jackson appeals the district court’s order granting the government’s motion for summary judgment and denying her cross-motion for partial summary judgment, contending that the Bureau of Indian Affairs (“BIA”) failed to comply with the Indian Law Enforcement Reform Act, 25 U.S.C. § 2801 et seq. In her complaint under the Federal Tort Claims Act (“FTCA”), Jackson alleged that, because she was unlawfully arrested by a federal officer, she was entitled to damages for false arrest, intentional infliction of emotional distress (“IIED”), and abuse of process. Because these claims fall within the FTCA’s waiver of the United States’ immunity from suit, 28 U.S.C. § 2680 (h), we have jurisdiction to hear Jackson’s appeal regarding these three claims. We affirm. Because the parties are familiar with the facts of this case, we recount them here only as necessary to explain our decision.

Jackson contends that Officer Doyle had no authority to carry out the arrest order because he did not have the Tribe’s consent to enforce its tribal law. Even assuming that Officer Doyle lacked actual authority, we conclude that the United States is entitled to summary judgment that it is…