Summary: The BIA filed a Motion for Summary Judgment, asserting, inter alia, that the plaintiff’s FTCA claim was barred by the exclusive remedy provisions of the FECA. The court concluded there was a substantial question regarding FECA coverage. Given the fact determinations regarding FECA eligibility are matters left to the sole discretion of the Secretary of Labor, the court stayed the action pending a ruling by the Secretary on the plaintiff’s application for FECA benefits.
Case Name: Siegfried v. BIA, et al.
Case Number: 1-05-cv-55
Docket Number: 22
Date Filed: 2/12/07
Nature of Suit: 350
click here for a PDF versionIN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
SOUTHWESTERN DIVISION
Allen Siegfried,
Bureau of Indian Affairs and United States of America,
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) ) ORDER GRANTING IN PART ) MOTION FOR SUMMARY ) JUDGMENT AND STAYING ACTION ) ) ) Case No. 1:05-cv-55 ) ) ) |