Tenth Circuit Briefs in State of Kansas v. NIGC (Quapaw Tribe)

Here:

STATE AND COUNTY OPENING BRIEF

QUAPAW BRIEF

NIGC Brief

Lower court materials here.

Tenth Circuit Rules in Favor of Ute Tribe (again) in Reservation Boundaries Dispute

Here is the opinion in Ute Indian Tribe of the Uintah and Ouray Reservation v. Myton.

An excerpt:

We’re beginning to think we have an inkling of Sisyphus’s fate. Courts of law exist to resolve disputes so that both sides might move on with their lives. Yet here we are, forty years in, issuing our seventh opinion in the Ute line and still addressing the same arguments we have addressed so many times before. Thirty years ago, this court decided all boundary disputes between the Ute Indian Tribe, the State of Utah, and its subdivisions. The only thing that remained was for the district court to memorialize that mandate in a permanent injunction. Twenty years ago, we modified our mandate in one respect, but stressed that in all others our decision of a decade earlier remained in place. Once more, we expected this boundary dispute to march expeditiously to its end. Yet just last year the State of Utah and several of its counties sought to relitigate those same boundaries. And now one of its cities tries to do the same thing today. Over the last forty years the questions haven’t changed — and neither have our answers. We just keep rolling the rock.

Briefs:

Myton City Brief

Myton City Reply to US

US Amicus Brief

Utah Amicus Brief

Ute Opening Brief

Ute Reply Brief

Tenth Circuit Affirms Major Crimes Act Conviction arising at Navajo (Church Rock)

Here is the opinion in United States v. Singer.

Tenth Circuit Orders Tribal Exhaustion in Sac and Fox Suit against Financial Planners

Here are the materials in United Planners Financial Services of America LP v. Sac and Fox Nation:

CA10 Opinion

United Planners Opening Brief

Sac and Fox Brief

Tribal Court Brief

Reply

Lower court materials here.

 

Tenth Circuit Rejects Individual Water Rights in Nambé-Pojoaque-Tesuque Basin General Stream Adjudication

Here are the materials in State of New Mexico v. United States:

CA10 Opinion

Briefs:

Joint Pueblo Brief

New Mexico Brief

New Mexico Jurisdiction Brief

Trujillo Brief

Trujillo Jurisdiction Brief

Trujillo Response to Pueblo Brief

Tenth Circuit Briefs in Pueblo of Pojoaque v. State of New Mexico

Here:

New Mexico Appellant Brief

Pojoaque Brief

Other briefs TK.

Lower court materials here.

Tenth Circuit Rejects Challenge to Ute Partition Act Implementation

Here is the opinion in Hackford v. State of Utah.

Brief: Hackford Brief

The Tenth Circuit rejected a similar claim years ago by the same petitioner.

Tenth Circuit Affirms Rejection of Civil Rights Suit for Killing of Ute Tribal Member Allegedly by Police

Here is the opinion in Jones v. Norton

Tenth Circuit Affirms Dismissal of Sand Creek Massacre Trust Claims

Here is the opinion in Flute v. United States.

An excerpt:

This case arises out of an ignominious event in the history of this Nation. In 1864, the United States Army conducted an unprovoked attack on a group of unarmed Indians, who had relocated to an area next to the Sand Creek River in the Territory of Colorado at the direction and under the protection of the Territorial Governor. When what has become known as the Sand Creek Massacre was over, most of the Indians were dead, including many women and children. After an investigation, the United States publicly acknowledged its role in the tragedy and agreed to pay reparations to certain survivors of the massacre. But those reparations were never paid.

Plaintiffs are descendants of the victims of the 1864 Sand Creek Massacre and bring this action for an accounting of the amounts they allege the U.S. government holds in trust for payment of reparations to their ancestors. Because the United States has not waived its sovereign immunity, we affirm the district court’s dismissal of such for lack of subject matter jurisdiction.

Briefs here.

Tenth Circuit Affirms Dismissal of Title VII Complaint against Chickasaw Housing

Here are the materials from Sanders v. Anoatubby:

CA10 Unpublished Opinion

Appellant Brief

Appellee Brief

Lower court materials here.