Nephew v. State

This claim is for compensatory and exemplary damages for the death of a Seneca Indian resulting from injuries received at the hands of a State trooper.

In the decision filed herewith, the court has found that the State trooper, while maldng an arrest within the territorial limits of the Allegany Indian reservation where the decedent resided with his family, under tribal conditions, so violently struck the decedent that a brain hemorrhage resulted which was the proximate and primary cause of death; that following the beating, the unconscious Indian was placed without benefit of medical or other…