Furthermore, the BIA has moved to exclude testimony from Dr. Ann Adair regarding hedonic damages, which assess the value of an individual beyond economic contributions. The agency argues that Adair’s methodology strays from established definitions and offers unreliable conclusions, citing a proposed damages range of $500,000 to $8 million based on flawed extrapolations.
In addition, L.B. has sought to introduce evidence of other alleged sexual assaults by BIA officers. The BIA contends that these incidents, including one under investigation from 2024, are irrelevant and inadmissible. “Evidence of any alleged assault by other BIA officers occurring after Bullcoming’s misconduct has no bearing on whether Bullcoming acted for personal reasons or a law enforcement purpose,” the agency argued.