FTCA Judgment Favoring Former BIA Criminal Investigator

Here is the opinion: Garvais v US

An excerpt:

The ultimate Finding of Fact in this matter is that the BIA maliciously caused the institution and continuation of unfounded criminal proceedings against Duane Garvais in Spokane Tribal Court in retaliation for the proper performance of his duties in investigating thefts by BIA patrol officers with close connections to the Tribe. As stated, those charges were ultimately dismissed pursuant to the finding of this court that the Spokane Tribal Court did not have jurisdiction over Mr. Garvais.

The court finds that Mr. Garvais and his family suffered substantial emotional distress and turmoil as the result of the wrongful action of the BIA at the behest of and in association with the Spokane Tribal Council and its agents and employees. This emotional distress continued over a period of years, including Mr. Garvais having to seek habeas corpus relief in this court. The court finds that just compensation to Mr. Garvais is in the amount of $ 400,000 plus the sum of $ 13,102.66 billed by Mr. Weatherhead’s law firm Witherspoon, Davenport, & Toole.

1 Comment

Filed under Author: Matthew L.M. Fletcher, Criminal, Research, tribal courts

One Response to FTCA Judgment Favoring Former BIA Criminal Investigator

  1. MLancaster

    Here is just another example of the complete corruption within the BIA. Probably the worst, most mismanaged Law Enforcement agency that exist in this country. BIA Agents seeking Tribal Prosecution against another BIA agent at all cost with out evidence after the AUSA declined the bogus charges in the first place. Agent Little was probably promoted after this, and younger, smarter agents will suffer for it.

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