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LOCKE v. U.S.

No. CIV. 00-1014.

215 F.Supp.2d 1033 (2002)

Audrey LOCKE, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, D. South Dakota, Northern Division.

July 29, 2002.

Attorney(s) appearing for the Case

Brent Evan Newton, Asst. Fed. Pub. Defender, Houston, TX, Roland E. Dahlin, II, Fed. Public Defender, Brownsville, TX, for Darrell Eugene Alexander.

Darrell Eugene Alexander, Beaumont, TX, pro se.

S. Michael Bozarth, Office of Atty. Gen., Austin, TX, for Gary Johnson.

ORDER ON MOTION TO DISMISS

KORNMANN, District Judge.

BACKGROUND

[¶ 1.] Plaintiff brought this action under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. § 2671, et seq. Jurisdiction is alleged to exist pursuant to 28 U.S.C. § 1346. Plaintiff alleges in her amended complaint that Darrell DeCoteau ("DeCoteau"), then a Sisseton-Wahpeton Sioux tribal police officer, while acting within the scope of his employment, wrongfully assaulted...

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