Legal Opinion

Raphael Demery v. United States Department of the Interior Bureau of Indian Affairs

Court of Appeals for the Eighth Circuit

Decided February 6, 2004No. 03-1787PublishedCited by 32 opinions

1Opinion of the Court

MORRIS SHEPPARD ARNOLD, Circuit Judge.

Raphael Demery appeals the summary judgment entered against him in his action under the Federal Tort Claims Act (FTCA) against the United States Department of the Interior and the Bureau of Indian Affairs (hereinafter referred to collectively as BIA). For the reasons stated below, we affirm the district court’s 1 order.

I

This case arises out of the drowning death of Mr. Demery’s wife which occurred when the snowmobile on which she was a passenger was driven into open water on Belcourt Lake. At the time of Ms. Demery’s death, the BIA maintained an aeration…

2Cases cited11 opinions

  1. United States v. GaubertSupreme Court of the United States · 1991
  2. Berkovitz v. United StatesSupreme Court of the United States · 1988
  3. United States v. S.A. Empresa De Viacao Aerea Rio GrandenseSupreme Court of the United States · 1984
  4. Aslakson v. United StatesCourt of Appeals for the Eighth Circuit · 1986
  5. Kristopher Dykstra v. US Bureau of PrisonsCourt of Appeals for the Eighth Circuit · 1998

6 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. Michael Croyle v. United StatesCourt of Appeals for the Eighth Circuit · 2018
  2. Ronald Buckler v. United StatesCourt of Appeals for the Eighth Circuit · 2019
  3. Greg Herden v. United StatesCourt of Appeals for the Eighth Circuit · 2013
  4. Hinsley Ex Rel. K.M. v. Standing Rock Child Protective ServicesCourt of Appeals for the Eighth Circuit · 2008
  5. Mary Metter v. United StatesCourt of Appeals for the Eighth Circuit · 2015

27 more not listed; retrieve them via the Exa API.

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