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Forrest G. Buffington

Arizona State Bar No.: 5685

P.O. Box 4690

Yatahey, New Mexico 87375

(505) 905-5000

(505) 905-5001 - fax

forrest@barberborg.com

Attorney for Plaintiffs

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

Juliette Dixon, Individually

and on behalf of D. Yellow,

V. Yellow, and J. Yellow, Minor Children,

Plaintiffs,

v. 3:15-CV-08284-PGR

AMENDED COMPLAINT

The United States of America, FOR DAMAGES UNDER

THE FEDERAL TORT 

Defendant. CLAIMS ACT

For her claim, Plaintiff avers:

OVERVIEW

1. This is a civil action against the United States of America arising from the 

death of Jaron Yellow on or about 14 January 2014. Jaron Yellow was arrested by 

Bureau of Indian Affairs Police, or the Navajo Nation Police Department, or a 

combination of those agencies and entities, at the Village of Moencopi, near Tuba City, 

Arizona, and died as a result of acute ethanol poisoning and restraint asphyxia as a 

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consequence of the negligent decisions, acts, and omissions of the law enforcement 

agencies involved in Jaron Yellow's detention, restraint, and arrest. It is believed and 

alleged that the personnel involved in the detention, restraint, and arrest of Jaron Yellow 

were either employees of the Department of Interior of the United States of America, or 

of the Navajo Nation as police officers of the Navajo Nation Division of Public Safety, a 

tribal program funded by the United States Bureau of Indian Affairs within the 

Department of Interior, under the Indian Self-Determination and Educational Assistance 

Act, Public Law 96-638, acting within the course and scope of the said contract and in the 

course and scope of employment. The defendant United States is answerable for said 

negligent decisions, acts, and omissions, pursuant to Public Law 93-638 and the Federal 

Tort Claim Act (FTCA), 28 USC §1346(b), and 28 USC §2671, et seq., and also pursuant 

to 28 USC §1331.

This suit is brought by Juliette Dixon, individually, as mother of Jaron Yellow, 

and as guardian and next friend of D. Yellow, V. Yellow and J. Yellow, his minor 

children.

JURISDICTION UNDER THE

FEDERAL TORT CLAIMS ACT

2. This complaint is brought against the United States of America (hereinafter 

"United States") pursuant to the provisions of the Federal Tort Claims Act ("FTCA"), 25 

USC §1346(b) and 28 USC §2761, and also pursuant to 28 USC 1331. The FTCA vests 

this court with exclusive jurisdiction over plaintiff's claim against the United States for 

the negligent acts and omissions of its "employees", which includes the employees of the 

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Navajo Nation Division of Public Safety, and the Bureau of Indian Affairs police.

3. The persons who detained, restrained and arrested Jaron Yellow were 

"employees of the government" within the meaning of 28 USC §2671 acting in the course 

and scope of their employment as agents, servants, and employees of the United States at 

all times relevant to the arrest, detention, and restraint of Jaron Yellow.

4. At all times material hereto, defendant United States authorized and funded 

the Navajo Nation Division of Public Safety pursuant to a contract with the United States 

authorized under the Indian Self-Determination and Educational Assistance Act, Public 

Law 93-638 (25 USC §450 et seq.).

5. In connection with the acts and omissions complained of herein, any 

employees of the Navajo Nation Division of Public Safety were acting pursuant to the 

aforesaid contract between the United States and the Navajo Nation, in the course and 

scope of their employment.

6. In connection with the acts and omissions complained of herein, all Bureau 

of Indian Affairs police officers involved in the restraint, detention, and arrest of Jaron 

Yellow were agents and employees of the United States, acting in the course and scope of 

their employment.

7. In accordance with Public Law 93-638, or Public Law 100-297, or both, the 

Navajo Nation division of Public Safety is Deemed to be an agency or instrumentality of 

the United States for the purpose of FTCA liability.

8. The United States is the proper defendant for tort claims against the Navajo 

Division of Public Safety and its employees for acts and omissions under their contract 

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pursuant to Public Law 93-638 under 28 USC §2674, and for the negligent acts and 

omissions of its own agents and employees.

9. Plaintiffs submitted timely administrative claims to the United States 

Department of the Interior under the FTCA for damages. Exhibits 1, 2. The claims 

sought damages, as required by federal law, for sums certain, for the death of Jaron 

Yellow. The Department of the Interior has formally denied the claims. Exhibit 3. 

Plaintiff has exhausted her administrative remedies as required by the FTCA and has 

filed this complaint within six months after the claim was denied by the United States. 

See, 28 USC § 2401(b) and 39 C.F.R. §912.9. Plaintiffs are thus authorized by federal 

law to file this action against the United States at this time and this court has jurisdiction 

to entertain the action. There are no defects of jurisdiction and no failure to exhaust 

administrative remedies.

PARTIES

10. Plaintiff Juliette Dixon is a resident of Kayenta, Arizona.

11. Plaintiff Juliette Dixon is the guardian of D. Yellow, V. Yellow, and J. 

Yellow, the minor children of Jaron Yellow pursuant to an order of the Navajo Nation 

Family Court, Kayenta District court, Cause No. KY-FC-515-2014 entered on 29 March 

2015.

12. The Navajo Division of Public Safety is a governmental department within 

the Navajo Nation that provides police services to the Navajo Nation. It is operated by 

the Naavajo Nation under contract with the United States Department of the Interior 

pursuant to a contract authorized under the Indian Self-Determination and Educational 

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Assistance Act, Public Law 93-638; 25 USC § 450 et seq..

13. The Bureau of Indian Affairs is a Bureau of the Department of the Interior 

of the United States, providing law enforcement services in certain areas of Indian 

Country, including the Hopi Indian reservation.

14. Moencopi Village is part of the Hopi Indian reservation.

15. The arrest of Jaron Yellow occurred at Moencopi Village.

16. The negligence of employees of the Navajo Nation Division of Public 

Safety acting pursuant to a contract pursuant to Public Law 93-638, and of the United 

States Bureau of Indian Affairs, in the course and scope of their employment, is imputed 

to the United States to the same extent as if they, and it, were private persons subject to 

the laws of the State of Arizona, pursuant, inter alia, to 28 USC §1346(b); Public Law 93-

638; and Public Law 10-297, the United States is similarly liable for the negligent acts 

and omissions of the employees of the Bureau of Indian Affairs and the Navajo Nation 

division of Public Safety for the negligent hiring, training and supervision of the 

employees who detained, restrained, and arrested Jaron Yellow.

VENUE

17. All events complained of herein occurred in the State of Arizona. Venue in 

this district is proper pursuant to 28 USC §1402 (b).

FACTS OF THE OCCURRENCE

18. On or about 13 January 2014, Jaron Yellow was detained, restrained, and 

arrested after an altercation and struggle, in Moencopi Village, by Bureau of Indian 

Affairs police, or officers of the Navajo Nation Department of Public Safety, or both.

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19. On the same date, subsequent to his arrest, Jaron Yellow was arrested, 

restrained and detained by the officers of the Navajo Nation at the direction or request of 

the Bureau of Indian Affairs police.

20. At and immediately after the time of his arrest, Jaron Yellow was acutely 

intoxicated.

21. It was, or should, reasonably have been, apparent to the officers detaining, 

restraining, and arresting Jaron Yellow that he was acutely intoxicated, and to a degree 

that required immediate medical assessment and intervention.

22. It was, or should have reasonably have been apparent, to the officers 

detaining, restraining, and arresting, Jaron Yellow, that, due to the recent struggle, his 

acute intoxication, recent exposure to pepper spray, and large physical build, that Jaron 

Yellow was at risk from restraint and positional asphyxia.

23. Medical assessment and intervention was available at approximately five 

minutes' distance, at the Tuba City United States Public Health Service contract hospital.

24. Notwithstanding Jaron Yellow's apparent acute intoxication, need for, and 

the proximity of, medical assessment and intervention, the officers detaining, restraining, 

and arresting Jaron Yellow, negligently placed him in a position in which his breathing 

was restricted and kept him for approximately one hour face down in a police patrol unit.

25. During this time, it became apparent to the officers detaining him that he 

was unresponsive, and they belatedly sought medical intervention for Jaron Yellow.

26. Jaron Yellow suffered anoxic brain injury from acute ethanol poisoning and 

positional asphyxia during his detention, and was pronounced dead on the next day, 14 

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January, 2014, from the effects thereof.

COUNT 1

NEGLIGENCE

27. Paragraphs one through 26 are incorporated by reference.

28. The law enforcement officers and personnel who detained, restrained, and 

arrested Jaron Yellow knew, or reasonably should have known that Jaron Yellow was at 

risk of death or anoxic brain injury from restraint and positional asphyxia, and death from 

ethanol intoxication.

29. The law enforcement personnel who detained, restrained, and arrested Jaron 

Yellow knew, or reasonably should have known, they had a duty to observe Jaron 

Yellow, and seek immediate medical attention for him.

30. Immediately upon or after his arrest Jaron Yellow became unresponsive.

31. Notwithstanding the risks to Jaron Yellow, the law enforcement personnel 

who restrained, detained, and arrested him negligently maintained him in restraint longer 

than necessary, maintained him in a position in which he was at risk from restraint and 

positional asphyxia, failed to observe him, and failed to secure medical attention for him 

when they knew or should have known he required medical attention.

32. As a direct and proximate result of the actions, and inactions of the law 

enforcement personnel who restrained, detained, and arrested Jaron Yellow, he suffered 

anoxic brain injury and died.

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NGLIGENT TRAINING, ADMINISTRATION

AND SUPERVISION

33. Paragraphs one through thirty two are incorporated by reference herein.

34. The United States and the Navajo Nation Division of Public Safety had a 

duty to train their respective officers and employees in the dangers presented by acute 

ethanol intoxication and restraint and positional asphyxia.

35. The United States and the Navajo Nation Division of Public Safety knew or 

should have known of the dangers presented by acute ethanol intoxication and positional 

and restraint asphyxia.

36. Acute ethanol intoxication and situations requiring restraint are usual and 

recurring for law enforcement agencies in the area of Moencopi.

37. Notwithstanding their knowledge of the dangers to arrested subjects of 

positional and restraint asphyxia, and of acute ethanol intoxication, the United States and 

the Navajo Nation Division of Public Safety negligently failed to train and supervise the 

personnel who restrained, detained, and arrested Jaron Yellow in the dangers of acute 

ethanol intoxication, and of positional and restraint asphyxia, and prevention of death 

arising there from, and failed to make, adopt, and enforce standards to avoid restraint and 

positional asphyxia, and death from acute ethanol poisoning.

38. As a consequence of the above-alleged failure to train and supervise in the 

dangers of restraint and positional asphyxia and acute ethanol intoxication and to make, 

adopt and enforce standards to prevent the same, Jaron Yellow died.

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DAMAGES

39. Paragraphs one through thirty eight are incorporated by reference.

40. As a direct and proximate result of the death of Jaron Yellow, Plaintiff and 

the children of Jaron Yellow have suffered and will continue in the future to suffer losses 

and damages, including but not limited to; the loss of Jaron Yellow's love, affection, 

companionship, care, protection, and guidance; pain, grief, sorrow, anguish, stress, shock 

and mental suffering; loss of income and services; and the expense of funeral and burial.

WHEREFORE, Plaintiff prays for herself and her minor children for judgment 

against the United States for such damages as are available to them under the law of the 

United States and Arizona, costs of suit, and such other and further relief as to which the 

law and proof shall deem them entitled.

Respectfully submitted,

BARBER & BORG, LLC

By: /s/Forrest G. Buffington

Forrest G. Buffington, Esq.

P.O. Box 4690

Yatahey, NM 87375

505-905-5000

Email: forrest@barberborg.com

Attorneys for the Plaintiff

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Approved as to form by:

/s/Laurence G. Tinsley, Jr., with permission

Assistant United States Attorney

for Defendant United States of America

By e-mail 09/30/2016

/s/Josh Montagnini with permission

Mason & Isaacson, P.A.

for Navajo Nation 

by e-mail 09/30/2016

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