$39.5 Million verdict for Ten Eyck family in high-speed chase crash case

More than six years after a devastating high-speed police chase left Morgan Ten Eyck with life-altering injuries, a federal judge has awarded her family over $39.5 million in damages.
The chase, which took place in 2017, spanned the backroads of Moody County and ended in a violent crash when the driver of the pickup, a friend of Ten Eycks, turned down a dead-end road. The truck rolled into a field and ejecting both Ten Eyck and another passenger.
Ten Eyck suffered catastrophic injuries, including a traumatic brain injury and spinal damage, leaving her in need of 24/7 care for the rest of her life.
The pursuit was initiated by then-Chief of the Flandreau Santee Sioux Tribal Police Department, Rob Neuenfeldt. In his ruling, U.S. District Judge Lawrence Piersol found that Neuenfeldt violated Bureau of Indian Affairs (BIA) law enforcement policy by failing to terminate the chase when there was no immediate threat to officer safety.
The lawsuit, filed under the Federal Tort Claims Act, held the federal government accountable due to the tribal police force operating under a 638 Contract a federal agreement that allows tribal governments to run programs on behalf of the U.S. government while the government retains legal responsibility.
Additionally, Judge Piersol awarded $2.1 million to Micah Roemen, another passenger in the vehicle who was seriously injured in the crash.
The U.S. government had previously attempted to dismiss the case, arguing that the federal court had no jurisdiction and that law enforcement officers have discretion in deciding when to pursue suspects unless a specific written policy states otherwise.
Judge Piersol rejected that argument in 2019 and allowed the case to move forward. After a week-and-a-half-long trial in Sioux Falls in 2023, the court ruled the U.S. government liable for the injuries sustained by Ten Eyck and Roemen.
The verdict is one of the largest of its kind against the federal government in a case involving a police chase.
An appeal is expected.