Spokane7
48°
February 19, 2010 in City
Former agent wins judgment against BIA
Garvais fired after alleging corruption
Garvais
(Full-size photo)
A former federal law enforcement agent, who was fired after he investigated police corruption on the Spokane Indian Reservation, has won a $400,000 lawsuit against the Bureau of Indian Affairs for malicious prosecution.
The ruling in U.S. District Court for Eastern Washington by senior Judge Justin Quackenbush was an emphatic condemnation of the bureau for the treatment of its own agent, Duane Garvais, at the behest of the Spokane Tribe.
“The BIA maliciously caused the institution and continuation of unfounded criminal proceedings against Duane Garvais in Spokane Tribal Court in retaliation for the proper performance of his duties in investigating thefts by BIA patrol officers with close connections to the Tribe,” Quackenbush ruled Wednesday after a non-jury trial.
Garvais, a retired U.S. Marine and former Colville Indian Reservation police officer, was hired by the BIA in 1999 as a criminal investigator and assigned to the Spokane Reservation. In May 2001, Garvais was investigating drug trafficking on the reservation when he learned that two fellow officers were stealing car stereos and other equipment, according to court documents.
One of the officers was a Spokane tribal member and the other was a tribal descendant. Both were closely connected to the tribal council, then under the chairmanship of Alfred Peone.
Garvais and his immediate supervisor, Deputy District Commander Glen Melville, investigated and referred the matter to the U.S. attorney’s office in Spokane.
In response, the Spokane Tribal Business Council passed a resolution calling the alleged theft by the accused officers a “prank.” The council demanded that BIA District Commander Ed Naranjo remove Garvais from his assignment on the Spokane Reservation and called for an investigation into how the agent accounted for the funds he used to make undercover drug purchases and pay informants, according to court documents.
The BIA transferred Garvais and terminated his investigation into the alleged crimes of the reservation officers. The bureau’s Internal Affairs Division then launched a criminal investigation of Garvais, conducted by an Albuquerque, N.M.-based investigator named David Little.
Quackenbush ruled that even before Little began his investigation it had been determined the allegations against Garvais would be referred for prosecution “to appease the tribe and retaliate against Garvais for his appropriate investigation of the patrol officers.”
Little forwarded his report to the U.S. attorney’s office in December 2002, but when it became apparent that the office would not prosecute Garvais, Little forwarded the report to Spokane tribal prosecutors. Tribal Court issued a warrant for Garvais, who was arrested at the Omak Stampede by the nearby Colville tribal police and “extradited” to the BIA’s detention facility on the Spokane Reservation, where he was held without bond.
“The tribe’s retaliatory animus toward Garvais for his investigation of a tribal member and tribal descendant could not have been more obvious,” Quackenbush wrote.
While headed for a detention hearing for her husband, Garvais’ wife, Lovina Louie, was approached by Little who told her, “I’m going to get Duane, whether I have to go tribal, state or federal – I will get him,” according to court documents.
Garvais, who is of Native American descent but not an enrolled member of any tribe, was fired as a special agent after the BIA determined he had been wrongly hired under the bureau’s “Indian preference provisions” despite the fact that hundreds of other “Indian descendants” remain employed under the same guidelines.
In 2003, Garvais filed a civil rights claim in Federal Court in Spokane against the BIA and its Spokane Reservation officers, Greg Carter, Ted Wynecoop and Bill Matt Jr., who he said conspired to have him arrested.
In 2004, in a habeas corpus ruling upheld by the 9th U.S. Circuit Court of Appeals, Quackenbush ordered the Tribal Court to dismiss the charges against Garvais.
Subsequently, Quackenbush narrowed the scope of the former agent’s lawsuit to leave only the claim of malicious prosecution against the sole defendant, the federal government.
On Wednesday, the judge ruled that Garvais and his family “suffered substantial emotional distress and turmoil as the result of the wrongful action of the BIA at the behest of and in association with the Spokane Tribal Council and its agents and employees.”
Contacted Thursday at his home on the Coeur d’Alene Indian Reservation in Idaho, Garvais thanked “the Creator for being with me and listening to my prayers” and everyone that stood by him during his ordeal.
“Clearing my name is probably the utmost important thing to me next to my faith in God,” Garvais said, adding that in law enforcement, “your credibility and reliability is gold.”
A spokeswoman for the Spokane Tribe did not return a call for comment on Thursday.
Rights panel poorly understood 
Truthbtold on February 19 at 6:08 a.m.
Good for you Duane Garvais !!!! Standing up to the evils of the world is not an easy task. It takes a toll on ones inner self as well as the attacks
that have to be fended off by faith!!!
You are a man of honor, with morals, values and unconditional love of our creator.
GOD BLESS YOU, and thank you for standing up! I KNOW it is not easy, THANK YOU!!!!!!!!!
The only way evil can prevail is if good people do nothing!!
Liberty_Bell on February 19 at 7:24 a.m.
Bravo Mr. Garvais,
It’s ashame that many of todays Indians, are a bit confused with
“our Lives, our fortunes and our Sacred Honor”
“An Indian respects a brave man, but he despises a coward.”
Chief Joseph
Truthhurts on February 19 at 7:24 a.m.
In situations like this, every bureaucract who lied or covered something up needs to be fired, lose his pension, and spend at least a year in jail.
Just like with the priest sex scandal, the greatest evil that Power does is silence the victims, and disparage them, so that the abuse is compounded by the victim’s inability to speak out, or to be believed.
SugarShane on February 19 at 11:06 a.m.
“Garvais said, adding that in law enforcement, “your credibility and reliability is gold.”
Wow a cop that knows his role! We could use a guy like you in the SPD.
Orange on February 19 at 12:59 p.m.
Mr. Garvais congratulations. $400,000 seem small compared to how they took your freedom and ruined your career. And you do need to apply for SPD, they need your caliber of officer.
Tony_Grondin on February 20 at 4:44 p.m.
The BIA has failed terribly at protecting the rights of Native Americans. I belong to the Sault Ste. Marie Tribe of Chippewa Indians in Michigan. Our former Tribal Police Chief/Director, Fred Paquin has been indicted on 17 felony counts for misuse of federal grant monies. It has been known for years that he was doing this but not until they were forced into it did the FBI investigate and indict Paquin. There are several other documented abuses of BIA funding and the FBI and BIA refuses to do anything about it saying,,,,,, “we have spent two years investigating Paquin on the grant monies fraud, we are not going to do any more.” Corruption runs rampant in our tribe and the BIA refuses to protect our constitutional rights. In order to be “recognized” our tribe had to have in place a constitution approved by the BIA. We have a constitution and it’s violated regularly. The BIA says it’s an internal problem. At a time when our nations resources are limited you would think the Obama Administration would want responsible accountability. Maybe the court of public opinion will light a fire.
cathee on February 22 at 5:20 a.m.
have any of you been to the BIA office in Washington D.C.? I have and it is ran by natives and there is a federal law stating only natives can work there. Sound like a Native Problem. This is what I was told we are here for the Natives. So I don’t want to hear that the government is doing wrong when the Natives who asked that the BIA be ran by Natives got their wish.
formerBIA on February 23 at 2:43 p.m.
Finally, one for the good guys! As a former BIA Investigator I know most officers/agents in the field are hard working profesionals that make the world a better place to live. The BIA OLE upper echelon, for the most part is the “Good Ol’ Boy” system. Duane, you fought the system and won, congradulations! The saddest problem about the BIA is that they refuse to promote the good honest smart ones and retain the status quo. You should now become a consultant charge big bucks, write a book and enjoy the future knowing you did the right thing. Semper Fi
madoudsoo on February 25 at 6:34 a.m.
Mr. Grondin,
I applaud your past and present efforts of raising awareness of corruption within the Sault Tribe. Unfortunately over the years the FBI and BIA have not been receptive to your inquires. I would certainly hope after 2 years of investigations the investigating authorities managed to identify Paquins enablers in these alleged acts. I would also hope they would have full intentions of prosecuting these people.
These alleged incidents occured under two different Chairman (Bernard Bouschor & Aaron Payment). Both has Chairmen/CEO’s had been aware of Paquins abuses for years. Yet they failed to act on them until the FBI finally showed up at the Tribes doors. Bouschor who sits on the Tribal Board has been reluctant to comment on his friend Paquin’s situation. On the other hand former Chairman and former Board member is singing like a bird. Perhaps because Payment is trying to get back into the Tribal Government after his disappointing performance as the former Chairman of the Tribe.
Both Bouschor and Payment talk the talk but have yet to walk the walk. The people of the Sault Tribe do not deserve deceptive leaders like these two, who have allowed any integrity in the Tribe to be compromised.
It’s time the Feds clean-up the mess they have allowed occur over the years. Hopefully the case with Agent Duane Garvais will set precedent and raise awareness that the Feds need to start doing their jobs more seriously. Only time will tell. Past experience says they won’t.
It’s time for some Governmental checks and balances on these Tribal Leaders who are depriving their own people of what they are entitled too.
MD
jddavis on February 26 at 9:01 a.m.
The Good Guys win every once in a while. SEMPER FI!
dilemma on February 26 at 11:28 a.m.
You know, as indian people we should NEVER take the word of a federal agent of any kind. We should remember that. Even a federal judge. This paper has always printed the negative, making insinuations with the headlines etc. about indian people. Especially the Spokane Tribe. So take it with a grain of salt. I’ve followed this case from the beginning, all I can say is take even the ruling with a grain of salt.
gymnsteele on March 05 at 1:55 p.m.
There are honorable men in BIA law enforcement, and in Tribal Law enforcement, having worked in both I know who they are. There also those who are clueless as to their role, there was a time when the shield (Badge) they carried was for the protection of the people they serve, That was when the local authority was with the Agencies and the Tribes, they now answer to no one in the local area, arbitrary declination decisions on what will, and will not, be investigated under the Major Crimes Act. I was once advised as a Tribal Judge when I asked the commander in Lapwai why they failed to take such a case to tribal court as a misdemeanor since they declined to prosecute the matter as a felony. I was told that the Tribe, its Court, and the local BIA Supt. had no say over what they (BIA Law Enforcement) did. I then suggested that, if thats the case, they should remove the unifomed BIA officers, the marked BIA units, and stop pretending to be real policeman with the responsiblity of protection the local people. Oh, by the way the integrity was much greater back then and there were no sacred cows, in, or out, of law enforcement, and men such as Officer Gervais were honored and respected for their commitment to good, honest law enforcement, and the bad ones were dealt with,removed and/or prosecuted if necessary, no matter who they were related to. “Hold your head high young man” you are one of the few good ones left…
dilemma on March 08 at 2:08 p.m.
give me a break……there was no more or no less honor ‘back then’. it’s on a situation by situation basis. garvais…honorable? that’s a matter of opinion