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RED ELK ON BEHALF OF RED ELK v. U.S.

Nos. 94-3102, 94-3194.

62 F.3d 1102 (1995)

Rodger RED ELK, Guardian Ad Litem on Behalf of His Minor Daughter, Melinda RED ELK, And His Minor Grandchild, Taylor Red Elk, Appellee/Cross-Appellant, v. UNITED STATES of America, Appellant/Cross-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided August 15, 1995.

Attorney(s) appearing for the Case

Gregory G. Strommen, Rapid City, SD, argued (Dennis H. Hill, on the brief), for appellant/cross-appellee.

Scott D. McGregor, Rapid City, SD, argued (Terry L. Pechota, on the brief), for appellee/cross-appellant.

Before RICHARD S. ARNOLD, Chief Judge, WOOD, Jr., Senior Circuit Judge, and FAGG, Circuit Judge.

HARLINGTON WOOD, Jr., Senior Circuit Judge.

This case arises under the Federal Tort Claims Act of 1948, 28 U.S.C. § 2671 et seq. and § 1346 [FTCA], for damages resulting from the rape of Melinda Red Elk, then a child thirteen years of age, by Charles Claymore, a tribal police officer for the Pine Ridge Indian Reservation in South Dakota.1 In a bench trial in June 1994, the court found the government liable and assessed...

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