Denezpi v. United States — Cert Petition re: CFR Courts as Federal Courts

Here is the petition and appendix:

Cert Petition

Appendix

Lower court materials here.

Question presented:

Is the Court of Indian Offenses of Ute Mountain Ute Agency a federal agency such that Merle Denezpi’s conviction in that court barred his subsequent prosecution in a United States District Court for a crime arising out of the same incident?

Update:

Federal Opposition Brief

Tenth Circuit Issues Decision Favoring US in 2016 Dog Head Fire at Isleta Pueblo

Here is the opinion in Ohlsen v. United States.

Briefs:

Opening Brief

US Brief

Reply

An excerpt:

In the summer of 2016, a large fire, later known as the Dog Head Fire, engulfed Isleta Pueblo and United States Forest Service land in the Manzano Mountains of New Mexico. By the time it was extinguished, the fire had burned several thousand acres of land. The fire resulted from forest-thinning work performed by Pueblo crewmembers under an agreement with the Forest Service. The partnership to thin the forest arose after numerous fires had beset the surrounding areas.

Insurance companies and several owners of destroyed property (collectively, “Appellants”) sued the government, alleging negligence under the Federal Tort Claims Act (“FTCA”). Their negligence claims fell into two categories: the government’s own negligence arising from acts of Forest Service employees, and the government’s negligence arising from acts of the Pueblo crewmembers. The government moved to dismiss, arguing that the court lacked jurisdiction and, alternatively, for summary judgment on that same basis. The district court granted the government summary judgment. First, the court concluded that the Pueblo crewmembers had acted as independent contractors of the government, and thus, the government wasn’t subject to FTCA liability based on the Pueblo crewmembers’ negligence. Additionally, the court barred these claims under the FTCA’s administrative-exhaustion requirement. Second, the court barred Appellants’ claims premised on the Forest Service employees’ own negligence, under the FTCA’s discretionary-function exception.

On appeal, Appellants contend that the district court erred in ruling that the FTCA jurisdictionally barred their claims. We disagree. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.

Tenth Circuit Affirms Dismissal of Title VII Claims against Chickasaw Nation Business

Here is the unpublished opinion in Bacy v. Chickasaw Nation Industries Inc.

Briefs:

Opening Brief

Answer Brief

Reply

Lower court opinion here:

40 DCT Order

Federal Court Dismisses Remaining Comanche Claims against US over Chickasaw Casino

Here are the materials in Comanche Nation of Oklahoma v. de la Vega [formerly Zinke, then Bernhardt, and now should be Haaland] (W.D. Okla.):

106-1 Second Amended Complaint

113 Motion to Dismiss

120 Response

123 Reply

124 DCT Order

Prior posts here, here, and here.

Tenth Circuit Briefs in Pueblo of Jemez v. United States [Valles Caldera]

Here:

Jemez Pueblo brief sealed

Indian Advocacy Groups Amicus Brief

Indian Law Profs Amicus Brief

Pueblo Nations Amicus Brief

Lower court materials here.

Federal Court Rejects Osage Wind Company’s Equitable Defenses re: Osage Mineral Council

Here are updated materials in United States v. Osage Wind LLC (N.D. Okla.):

161 DCT Order

164 Osage Mineral Council Complaint in Intervention

204 OMC Motion for Judgment on Pleadings

205 Response

206 Reply

207 DCT Order

Case tag here.

Tenth Circuit Denies En Banc Petition in Pueblo Water Rights Matter

Here are the en banc stage materials in United States v. Abouselman:

En Banc Petition

US Response

Order Denying Petition for Rehearing

Panel materials here.