Colbert v. United States, No. 14-12007 (11th Cir. 2015)Annotate this Case
Plaintiffs filed suit against the United States, Attorney Kandis Martine, and Budget Rent-A-Car after plaintiffs were injured in a car accident caused by Martine. Martine, while driving a rental car to an adoption hearing, drove down the wrong direction on a one-way street and caused the accident. On appeal, the United States challenged the district court's partial summary judgment ruling that, under the Federal Tort Claims Act (FTCA), 28 U.S.C. 1346 et seq., and under a self-determination contract entered into between the Department of Interior, BIA, and the Navajo Nation Tribe, Martine was "deemed" an employee of the BIA and afforded the full protection and coverage of the FTCA. The court concluded that the district court's decision concerning subject matter jurisdiction is consistent with the Indian Self Determination and Education Assistance Act, 25 U.S.C. 450 et seq., statutory scheme; the terms of the self-determination contract; and the record evidence. Accordingly, the court affirmed the judgment.