Updated Materials in Poulson v. Ute Indian Tribe (State Judge Suit to Enjoin Tribal Court Proceedings)

Here are updated materials:

Ute Indian Tribe Motion to Dismiss

Pro Se Defendants Motion to Dismiss

Pro Se Defendants Removal and Remand Brief

Pro Se Defendants Suppmental Motion on Retaliation

Poulson Second Omnibus Response

The complaint and tribal court materials are here.

Utah State Judge Sues Ute Tribe to Enjoin Tribal Court Processes

Here are the materials in Poulson v. Ute Indian Tribe of the Uintah and Ouray Reservation (D. Utah):

Poulson Complaint

Swain v Poulson Tribal Court Complaint

Reed v Dalton Tribal Court Complaint

An excerpt from the judge’s complaint:

This action arises out of the arrests of and/or criminal charges being brought against members of the Ute Indian Tribe by Duchesne County, Utah. As a result of these arrests and/or charges, members of the Ute Indian Tribe persist in bringing actions in the Ute Tribal Court against Duchesne County Deputy Sheriffs, Judges of the Duchesne County Justice Court and other Duchesne County officials and/or employees. By these actions, members of the Ute IndianTribe seek an award of damages for alleged civil rights violations and to enjoin their prosecutions for violations of State and/or local laws.

Ute Indian Tribe Files Notice of Appeal in Immunity Case Involving Third-Party Subpoenas

Here:

Tribes Notice of Appeal (Doc 71, filed 4-23-12)

Lower court materials are here.

Federal Court Denies Ute Motion to Quash Civil Supoenas in Third Party Action

Here are the materials in Bonnet v. Harvest (US) Holdings Inc. (D. Utah):

Ute Motion to Quash

Bonnet Opposition

Ute Reply

Magistrate Order Denying Motion to Quash

Ute Objections to Magistrate Order

DCT Order Denying Motion to Quash

 

Update in Navajo v. San Juan County Voting Rights Case

Here is San Juan County’s answer and opposition to the motion for PI:

Answer.

Opposition.

The complaint and motion for PI is here.

Navajo Nation v. San Juan County Voting Rights/Redistricting Case Materials

Here:

Navajo v San Juan County Complaint

Navajo Motion for Preliminary Injunction

News coverage from ICT here. H/t Pechanga.

Update in U.S. v. Questar

Here:

DCT Order on EPA Regulatory Authority after Tribal Disclaimer

DCT 2d Order on EPA Regulatory Authority

DCT Order on Merits (Partial Summary Judgment)

Plaintiffs’ Attorney in MacArthur v. San Juan County Tribal Court Jurisdiction Case Sanctioned

Here are the materials in Rose v. Utah State Bar (D. Utah):

DCT Order Enjoining Further Rose Lawsuits

DCT Order on Motion for Sanctions

Prisoner Habeas Challenges to State of Utah Jurisdiction over Indian Country Fail

Here are the opinions in Reber v. Payne and Atkins v. Payne (D. Utah):

Reber v. Payne

Atkins v. Payne

Update in Utah Stolen Indian Artifacts Case — Defendants’ “Expert” Allowed to Testify on Value of Objects

Here is an interesting development in United States v. Smith, the criminal case in Utah regarding the theft of Indian artifacts and other objects.

The defendants’ proposed expert witness (Dace Hyatt) on the value of the materials collected allegedly in violation of federal law will be allowed to testify, despite having no formal training on anthropology, archaeology, or anything else (not to mention lying in an affidavit about reviewing evidence in person when that evidence is locked away deep in the bowels of the BLM). Assuming the defendants still use this expert, cross-examination at trial will be very interesting. His testimony is that each object is valued at slightly less than $500, the jurisdictional minimum.

Here are the materials:

DCT Order on Daubert Motion

US Motion to Exclude Expert Testimony

US Second Motion to Exclude Expert Testimony

Defendants Opposition to Motion