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Forrest G. Buffington

Arizona State Bar No.: 5685

PO Box 3830

Shiprock, NM 87420

(505) 368-4200

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. No. _________________

THE UNITED STATES OF AMERICA

Defendant.

COMPLAINT FOR DAMAGES UNDER

THE FEDERAL TORT 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 consequence of the negligent decisions, acts, and 

omissions of the law enforcement agencies involved in Jaron Yellow’s arrest and transportation. 

It is believed and alleged that the personnel involved in the arrest and transportation of Jaron 

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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 U.S.C. 

§2671, et seq., and also pursuant to 28 U.S.C. §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 U.S.C. 

§1346 (b) and 28 U.S.C. §2761, and also pursuant to 28 U.S.C. 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 Navajo Nation Division 

of Public Safety, and the Bureau of Indian Affairs police. 

3. The persons who arrested Jaron Yellow were “employees of the government” 

within the meaning of 28 U.S.C. §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 transportation 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 

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under the Indian Self-Determination and Educational Assistance Act, Public Law 93-638 (25 

U.S.C §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 arrest, detention, and transportation 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 pursuant 

to Public Law 93-638 under 28 U.S.C. §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. (Exhibit 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 U.S.C. § 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 

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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 Navajo 

Nation under contract with the United States Department of the Interior pursuant to a contract 

authorized under the Indian Self-Determination and Educational Assistance Act, Public Law 93-

638 (25 U.S.C. § 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 U.S.C. §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 

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Bureau of Indian Affairs and the Navajo Nation Division of Public Safety for the negligent 

hiring, training and supervision of the employees who arrested, detained, and transported Jaron 

Yellow.

VENUE

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

district is proper pursuant to 28 U.S.C. §1402 (b).

FACTS OF THE OCCURRENCE

18. On or about 14 January 2014, Jaron Yellow was 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.

19. On the same date, subsequent to his arrest, Jaron yellow was restrained and began 

to be transported to jail, by the Bureau of Indian Affairs police, or officers of the Navajo Nation 

Department of Public Safety, or both.

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 arresting, 

restraining and transporting 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 arresting, 

restraining and transporting Jaron Yellow, that, due to the recent struggle, has acute intoxication,

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.

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24. Notwithstanding Jaron Yellow’s apparent need for, and the proximity of, medical 

assessment and intervention, the officers arresting, detaining and transporting Jaron Yellow, 

negligently elected to transport him to the Keams Canyon jail detention facility, approximately 

an hour distant.

25. During the transportation of Jaron Yellow to jail, it became apparent to the 

officers transporting 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 transportation, and died on the same date from the effects thereof.

COUNT 1

NEGLIGENCE

27. Paragraphs one through 26 are incorporated by reference. 

28. The law enforcement officers and personnel who arrested and transported 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 or death from ethanol intoxication.

29. The law enforcement personnel who arrested and transported Jaron Yellow knew, 

or reasonably should have known, they had a duty to observe Jaron Yellow, and upon his 

becoming unresponsive, 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 

arrested and transported him negligently maintained him in restraint longer than necessary, 

maintained him in a position in which he was at risk from restrain 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

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

enforcement personnel who arrested and transported Jaron Yellow, he suffered anoxic brain 

injury and died.

NEGLIGENT 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 arrested 

Jaron Yellow in the dangers of acute ethanol intoxication, and of positional and restraint 

asphyxia, and prevention of death arising therefrom, 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. 

DAMAGES

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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 an 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 Unites States of 

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

Attorney for Plaintiffs

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