Holthusen v. United States

ORDER

ROSENBAUM, District Judge.

This case arises from a high-speed car chase and crash. Plaintiff, Delwyn Hol-thusen, was riding in a car pursued by police officers of the Red Lake Band of Chippewa Indians. He has sued the United States under the Federal Tort Claims Act. The government seeks dismissal for lack of subject matter jurisdiction pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure (“Fed. R. Civ.P.”). The government’s motion is denied.

I. Background 1

During the evening of March 12, 2004, Dan Neadeau drove his mother’s car to the Red Lake Fitness Center, where plaintiff…