Tenth Circuit Briefing in Important Quiet Title Act Case

The case is Sac and Fox Nation v. Salazar, and is in the Tenth Circuit. Since Carcieri v. Salazar, for a whole bunch of tribes, the Quiet Title Act (QTA) has become a terribly important statute. As readers will recall, the Act expressly preserves the federal government’s sovereign immunity in cases challenging title to Indian trust lands.

Sac and Fox, which involves the Secretary’s taking into trust of the so-called Shriner Tract in Kansas on behalf of the Oklahoma Wyandotte community, is perhaps one of the more ruthless applications of federal sovereign immunity, in that the parties and the courts in prior years had sought to avoid the application of the QTA by keeping open a case even after the land had been taken into trust. When the district court mistakenly closed the case, forcing the plaintiffs to refile, the QTA kicked in with a vengance, forcing the district court to dismiss (see lower court materials here).

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Sac and Fox Nation v. DOI Materials

Here are the materials in the most recent order from the district court in this long-running case (H/T Indianz).

dct-order-on-motion-to-vacate-2001-decision

govt-motion-to-dismiss

sac-and-fox-opposition-brief

govt-reply-brief

DCT Opinion