Tabbee v. United States

OPINION

SMITH, Chief Judge.

This case is before the court on defendant’s motion to dismiss. Plaintiffs seek declaratory and injunctive relief, as well as monetary damages, from congressional enactment of the Ute Termination Act (“Termination Act” or “Act”) and from issuance, by the Secretary of the Interior, of related proclamations regarding plaintiffs’ entitlement to various federal benefits. Plaintiffs claim that Congress, in enacting the Termination Act, violated their rights under the Due Process and Equal Protection Clauses of the Fifth *3and Fourteenth Amendments to the United States…