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ABERNATHY v. UNITED STATES

No. 84-1957.

773 F.2d 184 (1985)

Larry ABERNATHY, as Special Administrator of the Estate of Scottie Abernathy, Deceased, Appellant, v. UNITED STATES of America and its Agencies, Department of Health and Human Services and Department of the Interior, United States of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided September 9, 1985.

Attorney(s) appearing for the Case

Rick Johnson, Gregory, S.D., for appellant.

Bonnie P. Ulrich, Asst. U.S. Atty., Sioux Falls, S.D., for appellee.

Before ROSS and BOWMAN, Circuit Judges, and OLIVER, Senior District Judge.

BOWMAN, Circuit Judge.

On May 20, 1979, Scottie Abernathy was beaten to death by Thomas Voice with a baseball bat. Voice is an epileptic with organic brain syndrome who has been treated by the Indian Health Service and by the Bureau of Indian Affairs Department of Social Services, and who once was taken into custody by a Bureau of Indian Affairs policeman on charges of assault and battery. Larry Abernathy filed suit under the Federal Tort Claims Act on behalf of the...

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