Tenth Circuit Affirms Dismissal of Section 1983 Claim against Navajo Nation and Navajo Courts

Here is the unpublished opinion in Chavez v. Navajo Nation Tribal Courts.

An excerpt:

The district court dismissed the case for lack of jurisdiction. The court held that Mr. Chavez’s lawsuit against the Tribal officials could not be maintained in federal court under §1983 because all of his challenges to the Tribal officials’ actions relied on Tribal law. See Burrell v. Armijo, 456 F.3d 1159, 1174 (10th Cir. 2006) (“A § 1983 action is unavailable for persons alleging deprivation of constitutional rights under color of tribal law, as opposed to state law.” (internal quotation marks omitted)); see also Polk Cnty. v. Dodson, 454 U.S. 312, 315 (1981) (observing that acting under color of state law is “a jurisdictional requisite for a § 1983 action”). Turning to the Tribe, the court held–after noting that Mr. Chavez failed to even address the Navajo Nation’s sovereignty–that Congress had not authorized suit “against tribal entities pursuant to 42 U.S.C. § 1983.” R. at 631. See Nanomantube v. Kickapoo Tribe in Kan., 631 F.3d 1150, 1152 (10th Cir. 2011) (“[A]n Indian tribe is not subject to suit in a federal or state court unless the tribe’s sovereign immunity has been either abrogated by Congress or waived by the tribe.”); E.F.W. v. St. Stephen’s Indian High Sch., 264 F.3d 1297, 1302-03 (10th Cir. 2001) (observing that tribal sovereign immunity “is a matter of subject matter jurisdiction”).
Mr. Chavez appeals.

Briefs and lower court materials are here.

Tenth Circuit Affirms Nambé Pueblo Tribal Court Conviction

Here is yesterday’s opinion in Romero v. Goodrich.

Briefs are here.

An excerpt:

Ronald F. Romero, an enrolled member of the Pueblo of Nambé, through counsel filed a petition for a writ of habeas corpus pursuant to 25 U.S.C. § 1303 to seek relief after a tribal court conviction. The district court dismissed Romero’s petition as moot after the Pueblo commuted Romero’s sentence to time served and released him from tribal custody. We have jurisdiction pursuant to 28 U.S.C. § 1291, and affirm.

Tenth Circuit Affirms General Crimes Act Conviction at Pojoaque Pueblo

Here is the opinion in United States v. Diaz. And the briefs:

Diaz Opening Brief

US Response Brief

Diaz Reply Brief

An excerpt:

Linda Diaz was convicted of knowingly leaving the scene of a car accident where she hit and killed a pedestrian. The accident occurred on the Pojoajue Pueblo Indian reservation. She was charged with committing a crime in Indian Country under 18 U.S.C. § 1152. On appeal, among other issues, Diaz contends the federal court lacked jurisdiction over the crime because the government failed to prove that the victim was not an Indian, a jurisdictional requirement under § 1152.

We conclude the government met its burden of proof. The testimony of the victim’s father provided enough evidence for a jury to conclude the victim was not an Indian for purposes of the statute. We also conclude the district court did not err in its rulings on various other evidentiary and trial issues.

Ute Indian Tribe Files Notice of Appeal in Immunity Case Involving Third-Party Subpoenas

Here:

Tribes Notice of Appeal (Doc 71, filed 4-23-12)

Lower court materials are here.

Tenth Circuit Issues Quiet Title Act Opinion: Limitations Period Expired on Woman’s Claims 18 Years Before She Purchased Property

Ouch. Here it today’s opinion in George v. United States.

A taste from the opinion:

It is this last feature of the QTA clock that poses the real problem for Ms. George. A problem because, just as the district court held, Ms. George’s predecessor in interest, Mr. Hamilton, objectively should have known of the government’s claim of right to a fence-free road as early as 1979, about thirty years before she brought suit in 2009. And this means Ms. George has come to court some 18 years too late to do anything about her problem.

Tenth Circuit Rules against Muscogee (Creek) Nation in Challenge to Tobacco Master Settlement Agreement

Here is today’s opinion in Muscogee (Creek) Nation v. Pruitt.

And the briefs:

Muscogee Opening Brief

Oklahoma Answer Brief

Muscogee Reply

Lower court materials here.

Tenth Circuit Briefs in Civil Rights Complaint against Navajo Courts and Navajo Nation

Here are the materials:

Chavez Complaint

DCT Order Dismissing Chavez Complaint

Chavez Opening Brief

Navajo Appellee Brief

Tenth Circuit Affirms Wyoming Indian Country Voting Rights Victory

Here are the materials in Large v. Fremont County (opinion here):

Fremont County Opening Brief

Large Brief

Fremont County Reply Brief

Here are the lower court materials.

Tenth Circuit Briefs in Appeal of Nambé Pueblo Tribal Court Sentence of Nine Years (without Counsel)

Here are the opening briefs in Romero v. Goodrich:

Romero Opening Brief

Nambe Pueblo Brief

Here are the lower court materials.

Tenth Circuit Upholds Injunction on Oklahoma’s Anti-Sharia Law

From How Appealing:

“Court: Okla. ban on Islamic law unconstitutional.” The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Tenth Circuit issued today.