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CA10 Unpublished Opinion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.

Tenth Circuit Briefs in Amerind Risk Management v. Blackfeet Housing

Here:

Amerind Risk Opening Brief

Blackfeet Housing Appellee Brief

Lower court materials here.

Tenth Circuit Affirms Sentence in Federal Conviction for Assaulting a BIA Officer

Here is the opinion in United States v. Quiver.

NCAI Amicus Brief in United States v. Bryant

Brief in Support of Petitioner here.

U.S. cert petition previously posted here.

United States v. Bryant Cert Petition — Federal Habitual Offender Statute and Uncounseled Tribal Court Convictions

Here is the petition:

Cert Petition

Question presented:

Section 117(a) of Title 18, United States Code, makes it a federal crime for any person to “commit[] a domestic assault within the special maritime and territorial jurisdiction of the United States or Indian country” if the person “has a final conviction on at least 2 separate prior occasions in Federal, State, or Indian tribal court proceedings for” enumerated domestic-violence offenses. 18 U.S.C. 117(a).

The question presented is whether reliance on valid uncounseled tribal-court misdemeanor convictions to prove Section 117(a)’s predicate-offense element violates the Constitution.

Lower court materials here (en banc) and here (panel).

Tenth Circuit Dismisses Appeal in Harvey v. Ute Indian Tribe

Here is the opinion.

We posted briefs here.

Tenth Circuit Rejects Religious Objector’s Challenge to Oklahoma License Plate

Here is the opinion in Cressman v. Thompson.ah-ok-plate2

Briefs:

1 Opening Brief

2 Appellees Brief

3 Reply Brief

Lower court materials here and here.

Prior Tenth Circuit case here.

 

Oklahoma v. Hobia Cert Stage Briefing Complete

Here:

Petition for a Writ of Certiorari

Hobia Cert Opp

Oklahoma Reply

Lower court materials here.

Tenth Circuit Affirms Conviction of Former Paiute Tribal Employee for Mail Fraud

Here is the opinion in United States v. Zander.

An excerpt:

Defendant Jeffrey Zander was convicted of two counts of mail fraud, two counts of wire fraud, one count of money laundering, and three counts of willful failure to file federal tax returns. He was sentenced to sixty-eight months of imprisonment and ordered to pay $202,543.92 in restitution to the Paiute Indian Tribe of Utah, the main victim of his fraud. On appeal, he challenges his convictions on the mail fraud, wire fraud, and money laundering counts. He also challenges the length of his sentence and the amount of restitution awarded to the Tribe.