Waybenais v. United States

FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER FOR JUDGMENT

DIANA E. MURPHY, District Judge.

Plaintiff Darrell Waybenais sued the United States under the Federal Tort Claims Act (FTCA) for personal injuries resulting from gunshot wounds inflicted by Captain Gary Jourdain, a police officer with the Bureau of Indian Affairs (BIA). The government pleaded as an affirmative defense the Minnesota statutory privilege of a police officer to use deadly force as a defense to an intentional tort.

Trial was held before the court. Following trial the parties submitted proposed findings of fact and…