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TWO EAGLE v. UNITED STATES

No. 22-1683.

57 F.4th 616 (2023)

Lonnie TWO EAGLE, Sr. Plaintiff-Appellant v. UNITED STATES of America Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: January 11, 2023.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant and appeared on the appellant's brief, was Jon J. LaFleur , of Rapid City, SD.

Counsel who presented argument on behalf of the appellee and appeared on the appellee's brief, was Michaele Sanders Hofmann , AUSA, of Rapid City, SD.

Before BENTON and ERICKSON, Circuit Judges, and BUESCHER, District Judge.

Lonnie Two Eagle, Sr., sued the United States pursuant to the Federal Tort Claims Act (FTCA) after an employee of a hospital operated by the Indian Health Service (IHS) struck Two Eagle with his vehicle. The district court2 concluded that it lacked subject-matter jurisdiction because

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