MARQUES GOOD LOW, PLAINTIFF—APPELLANT v. UNITED STATES OF AMERICA DEFENDANT—APPELLEE

MELLOY, Circuit Judge.

Marques Good Low brought suit under the Federal Tort Claims Act, 28 U.S.C. § 1346(b). Good Low sustained damages when a Cheyenne River Sioux Tribe (“CRST”) police officer accidentally ran over him after Good Low had eluded officers, driven into an alfalfa field, and vacated his vehicle. Following a bench trial, the district court 1 entered judgment for the government. We affirm.

I. Background

On September 11, 1999, Good Low, then 18-years old, went to a party where he consumed a great deal of alcohol. In the early hours of September 12, 1999, Dan Iron Road, a CRST police…