Tenth Circuit

Tenth Circuit Briefs in Becker v. Ute Indian Tribe — Former Employee Contract Claims

Matthew L.M. Fletcher1 Comment

Here:

Becker Opening Brief

Ute Brief

Becker Reply Brief

Lower court materials here.

Opening Tenth Circuit Briefs in Jemez Pueblo Land Claim

Matthew L.M. Fletcher

Here are the materials so far in Pueblo of Jemez v. United States:

Pueblo of Jemez Opening Brief

NCAI and AAIA Amicus Brief

AIO and ALTF Amicus Brief

Lower court materials here.

Chickasaw Nation Files Petitioner’s Reply Brief in Chickasaw Nation v. NLRB

Kate Fort

Here.

Previous coverage here.

Tenth Circuit Affirms Murder Conviction Arising on San Ildefonso Pueblo

Matthew L.M. Fletcher

Here is the opinion in United States v. Romero.

NLRB Files Response Brief in Chickasaw Nation v. NLRB

Matthew L.M. Fletcher

Here:

NLRB Response Brief

Opening and amicus briefs are here and here.

Tenth Circuit Affirms MCA Conviction over Indian Status Defense

Matthew L.M. Fletcher

Here is the opinion in United States v. Nowlin.

Briefs later today after the dentist. Briefs here:

Nowlin Brief

US Brief

Tenth Circuit Affirms Dismissal of Cheyenne-Arapaho Suit against Bank

Matthew L.M. Fletcher

Here is the unpublished opinion in Cheyenne-Arapaho Tribes v. First Bank & Trust.

Briefs and lower court are here.

Federal Court Certifies Class in Osage Headrights Accounting Suit

Matthew L.M. Fletcher

Here are the new materials in Fletcher v. United States (N.D. Okla.):

1148 Motion to Certify Class

1154 US Response

1196 DCT Order Certifying Class

This case is on remand from the Tenth Circuit; post here.

Ute Tribe Prevails in Tenth Circuit Immunity Decision on Third Party Subpoenas/Collateral Order Doctrine

Matthew L.M. Fletcher2 Comments

Here are the materials in Bonnet v. Ute Indian Tribe:

CA10 Opinion

An excerpt:

The issue before us is whether a subpoena duces tecum served on a non-party Tribe and seeking documents relevant to a civil suit in federal court is itself a “suit” against the Tribe triggering tribal sovereign immunity. Exercising jurisdiction under 28 U.S.C. § 1291, pursuant to the collateral order doctrine, we hold the answer is yes. We therefore reverse the district court’s denial of the Tribe’s motion to quash based on tribal immunity.

And the briefs:

Ute Opening Brief

Bonnet Brief

Ute Reply

Lower court materials here.

Tenth Circuit Issues Prison Sweat Lodge Decision; Religious Freedom Upheld

Matthew L.M. Fletcher3 Comments

Here are the materials in Yellowbear v. Lampert:

Yellowbear Brief

Yellowbear Supplemental Brief

Wyoming Brief

Yellowbear Reply

CA10 Opinion

An excerpt:

Andrew Yellowbear will probably spend the rest of his life in prison. Time he must serve for murdering his daughter. With that much lying behind and still before him, Mr. Yellowbear has found sustenance in his faith. No one doubts the sincerity of his religious beliefs or that they are the reason he seeks access to his prison’s sweat lodge — a house of prayer and meditation the prison has supplied for those who share his Native American religious tradition. Yet the prison refuses to open the doors of that sweat lodge to Mr. Yellowbear alone, and so we have this litigation. While those convicted of crime in our society lawfully forfeit a great many civil liberties, Congress has (repeatedly) instructed that the sincere exercise of religion should not be among them — at least in the absence of  a compelling reason. In this record we can find no reason like that.