Jones v. United States

Motion to Dismiss; Lack of Subject Matter Jurisdiction; Failure to State a Claim; Exhaustion of Administrative Remedies; Issue Preclusion; 1868 Ute Treaty; “Bad Men” Provision. OPINION

HORN, J.

FINDINGS OF FACT

On April 1, 2013, plaintiffs filed their complaint in the United States Court of Federal Claims. 1 Plaintiffs allege that on April 1, 2007, “Utah State Trooper Dave Swenson sent a radio dispatch from his patrol car advising the Utah central Police Dispatch that he was pursuing a car containing ‘two tribal males’ for a speeding violation.” Trooper Swenson later testified 2 that the vehicle…