By BROOKLYN BROWN
One Feather Reporter
CHEROKEE, N.C. – On May 21, 2025, the Cherokee County government released a statement that Kloepfer & Mahler v. Cherokee County Sheriff’s Department, Eastern Band of Cherokee Indians, et al. filed in Federal District Court in Case No. 1:23-CV-158, and the companion case filed in Cherokee Tribal Court in Case No. CV23-619 had been settled. Eastern Band of Cherokee Indians (EBCI) Attorney General Mike McConnell provided a statement on the morning of May 29 that a settlement is likely but not complete.
The case pertains to the night of Dec. 12, 2022, when the Cherokee Co. Sherriff’s Department and the Cherokee Indian Police Department (CIPD) responded to a noise disturbance call from a neighbor of Jason Kloepfer and Alison Mahler. The incident lasted into the morning of Dec. 13, 2022, when CIPD SWAT employed a throwable tactical robot that provided live stream video footage, which was thrown into the home of Kloepfer and Mahler. Kloepfer was shot at repeatedly by three CIPD SWAT officers, getting hit twice. Read the full civil suit here.
The full statement of the Attorney General reads as follows:
“The County government of Cherokee County, North Carolina, and the Cherokee Scout newspaper, have recently reported that the case of Kloepfer & Mahler v. Cherokee County Sheriff’s Department, Eastern Band of Cherokee Indians, et al. filed in Federal District Court in Case No. 1:23-CV-158, and the companion case filed in Cherokee Tribal Court in Case No. CV23-619, have been settled. This is not entirely accurate. Settlement is likely but has not been completed. As reported, the likely settlement amount is $10 million dollars, split evenly between the insurers for the defendants. The settlement will result in the dismissal of both lawsuits and all claims against all parties. A decision by the Tribe’s insurers to settle the claims against the Tribe and its law enforcement officers reflects the careful consideration of many factors. It is not an admission of liability, fault, or wrongdoing. The Tribe supports our officers who daily risk life and limb in the performance of their duties.
The Tribe is not being asked to contribute any of its own funds to the settlement, and Tribal leaders have been steadfast in their opposition to such a request. Since the settlement will not involve the expenditure of funds from the Tribe’s treasury, the Tribe is not required to independently approve the settlement.”
The full statement of the Cherokee County Government reads as follows:
“On Tuesday, May 20, 2025 the Cherokee County Board of Commissioners was informed by litigation counsel Sean Perrin that the Kloepfer & Mahler v. Sheriff Dustin Smith, et al. case has been settled for the amount of $10 million. $5 million of the total comes from the Eastern Band of Cherokee Indians. $5 million of the total comes from the County insurance carrier. Cherokee County paid the $5000 insurance deductible shortly after the case was filed.
Since the settlement did not involve the expenditure of County funds, the Board of Commissioners was not required to approve the settlement. The settlement will be reported to the United States District Court within 30 to 45 days.”
The One Feather will continue to provide updates.
