Legal Opinion

Demery v. United States Department of the Interior

District Court, D. North Dakota

Decided February 20, 2003No. A4-01-117Published

1Opinion of the Court

MEMORANDUM AND ORDER

HOVLAND, Chief Judge.

The plaintiff, Raphael Demery, brought this action against the United States Department of the Interior [hereinafter referred to as DOI] pursuant to the Federal Tort Claims Act, 28 U.S.C. § 1346(b) for the wrongful death of his wife, Linda Dem-ery. He seeks to recover damages from the DOI, attributing his wife’s death to the negligence of Bureau of Indian Affairs [hereinafter referred to as BIA]. For the purposes of this action, the Department of the Interior and the Bureau of Indian Affairs are one-in-the-same. The DOI filed a motion for dismissal…

2Cases cited24 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. United States v. GaubertSupreme Court of the United States · 1991
  4. Sosna v. IowaSupreme Court of the United States · 1975
  5. Berkovitz v. United StatesSupreme Court of the United States · 1988

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