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LAVALLIE v. U.S.

No. A1-04-075.

396 F.Supp.2d 1082 (2005)

Blake L. LaVALLIE, Plaintiff, v. UNITED STATES of America; and the Bureau of Indian Affairs, Defendants.

United States District Court, D. North Dakota, Southwestern Division.

November 2, 2005.

Attorney(s) appearing for the Case

William J. Delmore, Kelsch, Kelsch Ruff & Kranda, PLLP, Mandan, ND, for Plaintiff.

David L. Peterson, U.S. Attorney's Office, Bismarck, ND, for Defendants.

ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

HOVLAND, Chief Judge.

Before the Court is the Defendants' Motion to Dismiss filed on August 10, 2005. For the reasons set forth below, the Defendants' motion is granted.

I. BACKGROUND

The plaintiff, Blake L. LaVallie (LaVallie) filed suit under the Federal Tort Claims Act (FTCA), alleging Officer William Ebarb used excessive force when arresting him in...

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