BILLINGS — A Northern Cheyenne woman was sexually assaulted in her home nearly nine years ago by Bureau of Indian Affairs Officer Dana Bullcoming.
It's now 2024, and her lawyer is still fighting for her $1.6 million settlement.
"We're all back to square one to get a trial date and present evidence. Really, all that's left to prove is that Officer Bullcoming was acting as an employee to the federal government when he did these things," says John Heenan, the victim's lawyer.
On Tuesday, Heenan sent a letter to U.S. Attorney General Merrick Garland and Secretary of the Interior Deb Haaland asking them to "bring this case to its rightful end," and settle with his client, who is identified only as L.B.
"The United States' muti-year fight against L.B. sends a loud and clear message not to just L.B., but to all Native people, none of which is good for your respective offices, this Administration, or the federal government as a whole. Each of you have the power to end this case by paying L.B. the judgment amount. I would ask you to exercise your power and do the right thing," Heenan wrote.
The letter is in response to the case's most recent ruling, a new decision last month by the Ninth Circuit Court of Appeals, for a new trial and judge. It comes seven years since the victim first filed the suit.
Bullcoming entered L.B.'s Lame Deer home in October of 2015 and threatened to arrest her and take her children away because she was intoxicated. The Northern Cheyenne is a dry reservation. In exchange for her freedom, he forced her into sex, impregnating her. The child is now eight years old.
"There's you know, an absolute plight on the reservation of murdered and missing Indigenous women," says Heenan.
Bullcoming pleaded guilty to the rape in December 2017 and was sentenced to three years in federal prison. Heenan says he served a shorter sentence.
"These are the people that are supposed to be protecting women like her," he said.
The victim sued the U.S. government in 2018 for damages and two years later, L.B. was awarded $1.6 million. That money, nearly four years later, has not been paid out.
"Part of what that money was supposed to be, was to help her raise her child," said Heenan.
However, a Montana district court judge said the federal government didn't have to pay the money, ruling Bullcoming's actions were not within the scope of his employment with the federal government, according to The Daily Montanan.
That decision was appealed to the Montana Supreme Court, which said the government could be liable.
About a year ago, the U.S. district judge said Bullcoming was "not acting in his scope" as an officer during the time of the assault, and the government has immunity from damages. Heenan disagrees.
"So, technically, he could have arrested her. And, so basically he used his authority as a law enforcement officer to say, 'I could take you to jail. If I take you to jail you could lose your kids. You're gonna lose your job.' And, you know, basically gave out his own punishment," Heenan said.
U.S. Attorney for Montana Jesse Laslovich declined to comment on the ongoing litigation.
The latest appeals ruling is technically a win for L.B. but Heenan expects the case to continue for quite a while which is disheartening, after they thought they won the case back in 2020.
"This case now means that women in Indian Country have the same rights as people off the reservation in Montana. That's hugely important," said Heenan.
