Legal Opinion
Joseph R. White and Stephani L. White, His Wife v. Pueblo of San Juan
Court of Appeals for the Tenth Circuit
Decided March 9, 1984No. 83-1104PublishedCited by 57 opinions
1Opinion of the Court
WILLIAM E. DOYLE, Circuit Judge.
This is an appeal from the judgment of the United States District Court for the District of New Mexico which granted defendant’s motion for summary judgment and dismissal of an action. The basis was lack of subject matter jurisdiction. The issues that are presented on appeal are:
1. WHETHER THE DOCTRINE OF SOVEREIGN IMMUNITY PRECLUDES FEDERAL COURT JURISDICTION OVER A CLAIM FOR DAMAGES UNDER THE INDIAN CIVIL RIGHTS ACT BY A NON-INDIAN AGAINST THE PUEBLO OF SAN JUAN INDIAN TRIBE.
2. IN THE EVENT A FEDERAL COURT DOES HAVE JURISDICTION OVER SUCH A CLAIM, WHETHER THE…
2Cases cited8 opinions
- Santa Clara Pueblo v. MartinezSupreme Court of the United States · 1978
- United States v. United States Fidelity & Guaranty Co.Supreme Court of the United States · 1940
- Talton v. MayesSupreme Court of the United States · 1896
- Dry Creek Lodge, Inc., a Wyoming Corporation v. The United States of AmericaCourt of Appeals for the Tenth Circuit · 1975
- Dry Creek Lodge, Inc., a Wyoming Corporation v. Arapahoe and Shoshone TribesCourt of Appeals for the Tenth Circuit · 1980
3 more not listed; retrieve them via the Exa API.
3Cited by57 opinions
- Poodry v. Tonawanda Band of Seneca IndiansCourt of Appeals for the Second Circuit · 1996
- Fletcher v. United StatesCourt of Appeals for the Tenth Circuit · 1997
- Seneca-Cayuga Tribe of Oklahoma, an Organized Tribe of Indians, as Recognized Under and by the Laws of the United States v. State of Oklahoma Ex Rel. David L. Thompson, the Duly Elected District Attorney of Ottawa County, Oklahoma, Bob Sills, the Duly Elected Sheriff of Ottawa County, Oklahoma Jon D. Douthitt, Associate District Judge for the 13th Judicial Administrative District of Oklahoma, Quapaw Tribe of Oklahoma, a Federally Recognized Indian Tribe Jesse McKibben Chairman of Quapaw Tribe of Oklahoma v. State of Oklahoma Ex Rel. David L. Thompson, District Attorney of Ottawa County, Morland T. Barton, Assistant District Attorney of Ottawa County Bob Sills, the Duly Elected Sheriff of Ottawa County, Oklahoma Jon D. Douthitt, Judge of the District Court of Ottawa CountyCourt of Appeals for the Tenth Circuit · 1989
- Valenzuela v. SilversmithCourt of Appeals for the Tenth Circuit · 2012
- A & A Concrete, Inc. v. White Mountain Apache TribeCourt of Appeals for the Ninth Circuit · 1986
52 more not listed; retrieve them via the Exa API.