Executive Summary
- Federal Lawsuit Filed: The family of Russell Wayne Charette Jr. is suing the U.S. government under the Federal Tort Claims Act.
- Allegations of Negligence: The complaint claims a BIA officer continued a high-speed pursuit despite being blinded by dust, leading to the fatal collision.
- Policy Violation Cited: The lawsuit argues the officer violated BIA policies requiring pursuit termination when safety risks outweigh apprehension needs.
- Incident Details: Charette was struck by the police vehicle after exiting the suspect car during a chase on the Turtle Mountain Reservation.
TURTLE MOUNTAIN RESERVATION, N.D. — A federal wrongful death lawsuit has been filed against the United States following the death of 30-year-old Russell Wayne Charette Jr., who was struck and killed by a Bureau of Indian Affairs (BIA) police vehicle during a high-speed pursuit on the Turtle Mountain Reservation in 2024. The complaint, filed on Monday by the victim’s mother and personal representative, Nancy Charette, alleges negligence on the part of the involved officer.
According to the federal complaint, the incident occurred on April 24, 2024, when a BIA officer initiated a high-speed pursuit of a vehicle in which Charette was a passenger. Court filings state that during the chase, Charette was observed attempting to open the vehicle’s door. He subsequently exited or fell from the moving vehicle, landing on or near the roadway.
The lawsuit asserts that as Charette attempted to move to a safe location away from the road, he was struck by the pursuing BIA police vehicle. The complaint alleges that the officer’s field of vision was significantly obscured by a "massive cloud of dust" kicked up by the suspect vehicle on the gravel road. Despite being allegedly "blinded" by the conditions, the officer reportedly continued the high-speed pursuit.
According to the filing, the impact caused catastrophic blunt force trauma. Although a first responder on the scene rendered aid, Charette was transported to a hospital where he was later pronounced dead. The lawsuit argues that the officer’s persistence in the chase under such conditions demonstrated a gross disregard for obvious risks. Furthermore, the plaintiff contends that the BIA Office of Justice Services policy mandates the termination of a pursuit when the risks to life and public safety outweigh the need for immediate apprehension.
The sole defendant named in the case is the United States of America, sued under the Federal Tort Claims Act for the alleged negligent acts and omissions of its employee. The lawsuit seeks all damages recoverable under state law for survival actions, including compensation for pain, suffering, and medical expenses. It is important to note that the claims detailed in the lawsuit are allegations that have not yet been proven in a court of law.
Procedural Standards and Liability
This litigation highlights the complex legal environment surrounding law enforcement liability under the Federal Tort Claims Act (FTCA), which allows private parties to sue the United States for torts committed by persons acting on behalf of a federal agency. The case will likely center on the interpretation of "reasonableness" regarding the officer’s decision to continue a high-speed pursuit through impaired visibility. Scrutiny of adherence to the BIA Office of Justice Services’ pursuit termination policies will be pivotal in determining whether the standard of care was breached, potentially setting a precedent for how federal liability is assessed in tribal policing jurisdictions.
