Ute Indian Tribe – Page 2

1. Whether the Acts of Congress, authorizing the President to set apart and reserve any reservoir site or other lands necessary to conserve and protect the water supply for the Indians or for general agricultural development, diminished the Uintah and Ouray Reservation.

2. Whether as used in 18 U.S.C. § 1151(a), the term “Indian Country” includes the National Forest land, and the right of way running through the National Forest lands where the alleged criminal conduct occurred, for purpose of federal criminal jurisdiction.

Lower court materials here.

Federal Court Dismisses Dispute over Nonmember Property Boundary Line Dispute on Ute Reservation

March 15, 2017March 15, 2017Matthew L.M. Fletcher

Here are the materials in Austin v. Dietz (D. Utah):

12 Motion to Dismiss

12-2 Motion to Dismiss First Tribal Court Suit

12-3 Motion to Dismiss Second Tribal Court Suit

12-4 Tribal Court Panel Decision

13 Response

15 Reply

28 DCT Order

Tenth Circuit Rejects Challenge to State Criminal Jurisdiction on Strawberry Valley Project Area of Ute Reservation

January 19, 2017Matthew L.M. Fletcher1 Comment

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

Briefs:

Cert Petition Arising from Police Killing of Ute Tribal Member

July 25, 2016July 25, 2016Matthew L.M. Fletcher1 Comment

Here is the petition in Jones v. Norton:

cert petn

Questions presented:

Where it is undisputed that Plaintiffs/Petitioners Debra Jones and Arden Jones, and their deceased son Todd R. Murray, all had individual rights under the 1868 Ute Tribe treaty with the United States, and where, under the procedural posture of this case, it is undisputed that Plaintiffs’ and their Decedent son’s individual rights under the Treaty were violated, did Plaintiffs state a claim for relief under 42 U.S.C. § 1983 based on the violation of their treaty rights?
2.Where State police officers have pursued an Indian within Indian country without either probable cause or jurisdictional authority can they be relieved of the common law duty to preserve evidence simply because the officers’ tortious conduct giving rise to the claims against them arose within Indian country?
3.Where there are disputed material facts, can a district court grant summary judgment based upon the court’s opinion that a reasonable jury would decide the case in favor of the summary judgment movant?

Lower court materials here.