Elk et al v. United States of America et al - Document 10

ORDER granting in part and denying in part 6 Motion to Dismiss. Denying the motion to dismiss Krissy Bagola's federal tort claim for failure to exhaust administrative remedies, that claim is held in abeyance pending exhaustion; granting the motion to dismiss the Indian Civil Rights Act claim; denying the motion to dismiss the Bivens claim. Signed by Charles B. Kornmann on September 30, 2009. (DLC)