District of Utah – Page 9

Federal Court Dismisses Challenge to Indian Preference in Employment at Office of Special Trustee

October 6, 2013October 4, 2013Matthew L.M. Fletcher1 Comment

Here are the materials in Hester v. Salazar (D. Utah):

An excerpt from the R&R:

Because the Supreme Court has ruled in Mancari that Indian preference “does not constitute ‘racial discrimination,’ “ Mancari, 471 U.S. at 553, Mr. Hester’s claims that he was subjected to racial discrimination and that his civil rights have been violated are not valid. Therefore, because Mr. Hester has not stated a claim upon which relief can be granted, and it would be futile to amend his complaint, his complaint should be dismissed under the authority of 28 U.S.C. § 1915(e)(2)(B)(ii). Based on that conclusion, Mr. Hester’s motion to appoint counsel and motion for service of process should be deemed moot.

Federal Court Dismisses Treaty “Bad Men” Claim in Police Killing on Uintah and Ouray Indian Reservation

April 8, 2013Matthew L.M. Fletcher

Here are the treaty claim materials in Jones v. Norton (D. Utah):

DCT Order Dismissing Treaty Claim

Motion for Judgment on Pleadings

Plaintiffs’ Opposition

Ute Indian Tribe Sued by Former Energy and Minerals Manager

March 5, 2013Matthew L.M. Fletcher2 Comments

Here is the complaint in Becker v. Ute Indian Tribe (D. Utah):

Becker Complaint

From the complaint:

This action arises under and relates to an Independent Contractor Agreement between Becker and the Tribe effective March 1, 2004 (“Agreement”) by which Becker agreed to and did provide services to the Tribe as Manager of the Tribal Energy and Minerals Department, including the implementation of the restructuring and development of the Tribal Energy and Minerals Department. By the Agreement, the Tribe promised to pay to Becker a specified monthly compensation (“Compensation”) and agreed that Becker had a 2% participation right in specified revenues (“Participation Right”). The Tribe failed to pay to Becker the Compensation promised and the agreed upon percentage of the revenues as to which Becker had a Participation Right.

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

August 7, 2012Matthew L.M. Fletcher

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

May 30, 2012Matthew L.M. Fletcher1 Comment

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.