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Thompson v. United States

504 F. Supp. 1087 (1980)

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Thompson v. United States

United States District Court for the District of South Dakota
504 F. Supp. 1087 (1980)

Facts

Benjamin Kitteaux was a CETA trainee employed by the Crow Creek Sioux Tribe as a police officer. During Kitteaux’s training as a police officer, he was given a firearm and given extensive instruction on quick draw of the firearm. On July 12, 1975, Kitteaux entered the police station while on duty and simulated a quick draw of his firearm, which resulted in Kitteaux shooting and killing Tommy Thompson (plaintiff). On August 25, 1975, Kitteaux entered a plea of guilty and was convicted of involuntary manslaughter. Following Thompson’s death, an administrative claim for damages was filed with the Department of the Interior. The United States (defendant) argued that Kitteaux’s actions were strictly forbidden, and therefore, his actions were not in the scope of his employment and the United States could not be held liable. The administrative claim was denied, and a suit was filed against the United States under the Federal Tort Claims Act, which allowed claims of negligence to be filed against the United States if the alleged negligent act was committed by a federal employee, such as Kitteaux.

Rule of Law

Issue

Holding and Reasoning (Porter, J.)

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