Tenth Circuit Holds Feds Prevailed in FTCA Matter Involving S. Ute Police Action

Here is the unpublished opinion in Martinez v. United States.

Briefs:

Federal Answer Brief

Federal Supp. Brief re Discretionary Function

Opening Brief

Appellant Supp. Brief re Discrectionary Function

Reply

Tenth Circuit Briefs in Chegup v. Ute Indian Tribe of the Uintah and Ouray Reservation [banishment]

Here:

3-24-20 Appellants’ Opening Brief

5-22-20 Appellees’ Brief

6-5-20 Appellants’ Reply Brief

Lower court materials here.

Cherokee Nation v. Bernhardt Cert Petition over United Keetoowah Band Trust Land Acquisition [updated with add’l cert stage materials]

Here is the petition:

cert-petition-1.pdf

Update:

US Brief in Opposition

Reply in Support of Petition

Questions presented:

1. Whether the Secretary of the Interior exceeded his statutory authority by taking land located within the reservation boundaries of one Indian Tribe and placing the land in trust for another Tribe, despite the objections of the first Tribe and in violation of a regulatory prohibition and the United States’ treaty promises to the first Tribe.

2. Whether the Court should hold this petition pending its disposition of Maine Community Health Options v. United States, No. 18-1023 (argued Dec. 10, 2019), because this case raises the same issue concerning implied repeals effected by appropriations laws and the proper standard for determining what law to apply.

Lower court materials here.

Tenth Circuit Affirms United States v. Uintah Valley Shoshone Tribe

Here is the opinion. An excerpt:

We recognize that in interpreting federal statutes in Indian affairs we “provide for a broad construction when the issue is whether Indian rights are reserved or established, and for a narrow construction when Indian rights are to be abrogated or limited.” Felter, 752 F.2d at 1512; see also F. Cohen, Handbook of Federal Indian Law 224–25 (1982). In Felter, we determined the hunting and fishing rights of the individuals were not abrogated because the statute did not clearly abrogate them—this is a narrowing construction. But we cannot also conclude that the Termination Act implicitly gave the Uintah Valley Shoshone Tribe authority to exercise Ute tribal rights with respect to hunting and fishing, when the Act plainly established those rights within the Ute Tribe.

Briefs here.

Tenth Circuit Briefs in United States v. Abousleman

Here:

US Opening Brief

Pueblos Amicus Brief

New Mexico Brief

Jemez River Basin Water Users Coalition Brief

Association of Community Ditches of Rio San Jose Amicus Brief

El Rito Ditch Asociacion Amicus Brief

US Reply

Pueblo Intervenors Reply

Lower court materials here.