Penn v. United States

WOLLMAN, Circuit Judge.

Larry Bodin, Richard Armstrong, John Vettleson, and Frank Landeis appeal the district court’s denial of their motion for summary judgment on the basis of absolute and qualified immunity. In addition to Federal Tort Claims Act claims not at issue in this appeal, Margaret Penn claimed that these four individual defendants violated her constitutional right to due process by serving and executing a tribal court order excluding her from the Standing Rock Sioux Indian Reservation. We reverse.

I

Margaret Penn is one-eighth Turtle Mountain Chippewa Indian but is not enrolled in…