Tenth Circuit Orders Tribal Court Exhaustion in Ute Dispute with Former Contractor

Here is the opinion in Becker v. Ute Indian Tribe.

Briefs:

Ute Opening Brief

Becker Brief

Lawrence Brief

Ute Reply

Lower court order here:

136 DCT Order in 16-579

Briefs in a related appeal, No. 18-4013, are here:

Ute Opening Brief 18-4013

Lawrence Brief 18-4013

Becker Brief 18-4013

Other posts on these matters here.

Update on ICRA Habeas Petition by Washoe Tribe Prisoners — Petition Dismissed for Lack of Exhaustion of Remedies

Here are the updated materials in Lundy v. Balaam (D. Nev.):

19 Tribe Brief

20 Prisoner Traverse

21 DCT Order

Prior post here.

Federal Court Orders Exhaustion in Suit Arising Out of Death of Yakama Citizen

Here are the materials in United Financial Casualty Company v. Spencer Trucking LLC (E.D. Wash.):

1 Complaint

3 Amended Complaint

5 Motion to Dismiss

7 Response

12 Reply

14 Motion for Summary Judgment

17 Second Motion to Dismiss

22 DCT Order

Federal Court Orders Exhaustion (again) of Tribal Remedies in Suit against LDS

Here are the materials in Corporation of the President of the Church of Jesus Christ of Latter-Day Saints v. F.D. (D. Utah):

1-1 Federal Complaint

10 FD Motion to Dismiss

11 Notice of Removal

19 Motion to Remand

19-1 DCT Stay Order

19-2 Redacted Complaint

32 FD Opposition

40 Reply

43 DCT Order

A related case, Corporation of the President of the Church of Jesus Christ of Latter-Day Saints v. B.N. (D. Utah), is stayed:

2 Complaint

2-1 BN Tribal Court Complaint

2-2 Window Rock DCT Order on Motion to Dismiss

2-3 Navajo SCT Opinion

17 BN Motion to Dismiss

23 Opposition

24 Reply

45 DCT Stay Order

Our prior post on the first order to exhaust is here.

Tenth Circuit Affirms Dismissal of ICRA Habeas Petition for Failure to Exhaust Tribal Remedies

Here are the materials in Valenzuela v. Silversmith, arising out of the Tohono O’odham Nation courts:

CA10 Opinion

Valenzuela Opening Brief

TON Answer Brief

Warden Answer Brief

Valenzuela Reply Brief

An excerpt:

Alvin Valenzuela, an enrolled member of the Tohono O’odham Nation (the “Nation”), through counsel, filed a petition for writ of habeas corpus pursuant to 25 U.S.C. § 1303 seeking relief from tribal court convictions and his sentence. While Mr. Valenzuela’s petition was pending in federal district court, he completed his sentence and was released from prison. The district court concluded that Mr. Valenzuela’s claims were moot because of his release. Alternatively, it concluded that Mr. Valenzuela had failed to exhaust his tribal remedies before seeking habeas relief in federal court. Based on these alternative grounds, the district court dismissed Mr. Valenzuela’s § 1303 petition. Exercising jurisdiction pursuant to 28 U.S.C. § 1291, we affirm on the ground that Mr. Valenzuela failed to exhaust his tribal court remedies and remand for the district court to dismiss his § 1303 petition without prejudice.

Eaton v. Mail – Exhaustion of Tribal Court Remedies

In this family action, the Western District of Washington held that the claim must be remanded to Quinault Tribal Court.

eaton-v-mail-dct-order

quinault-motion-to-intervene

quinault-motion-for-a-protective-order