United States Tenth Circuit

In this action for recognition of rights on an Indian reservation, both the finding of subject matter jurisdiction and order denying claim of qualified immunity were immediately appealable; federal question jurisdiction exists based on the relationship between Indian tribes and the United States government, and, in claim affecting neither state treasury nor a sovereign interest, defendants are not entitled to qualified immunity.

Appellate Information

• Decided 04/15/2002
• Published 04/15/2002

Judges

• SEYMOUR, Circuit Judge., Before SEYMOUR and HENRY, Circuit Judges, and OBERDORFER, District Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Sandra Hansen, Office of Legal Counsel, Ute Indian Tribe, Fort Duchesne, Utah;  and Tod J. Smith of Whiteing & Smith, Boulder, CO, filed a brief for Amicus Curiae.


• For Appellees:
  
• Philip C. Pugsley, Assistant Attorney General (Mark L. Shurtleff, Attorney General, with him on the briefs), State of Utah, Salt Lake City, UT, for Defendants-Appellants., Michael L. Humiston of Heber City, UT, for Plaintiff-Appellee.