Creel v. Shadley

This is an action for assault and battery arising out of an altercation between plaintiff and the four defendants, who are members of the Klamath Indian tribe. A jury returned a verdict for plaintiff for general, special and punitive damages. The defendants appeal from the judgment entered on the verdict. We reverse and remand for a new trial.

The incident occurred on the evening of June 17,1971, in front of a tavern in Chiloquin. Plaintiff, a timber faller and a former police officer in that city, had parked his car in front of the tavern, intending to purchase a six-pack of beer to take…