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Vance Norton, et al. v. Ute Indian Tribe of the Uintah and Ouray Reservation, et al.

Paid petition · United States Court of Appeals for the Tenth Circuit, No. 15-4170 · judgment July 11, 2017


Certiorari denied · February 20, 2018
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

In light of the clear precedent of Nevada v. Hicks, 533 U.S. 353 (2001), which holds that state law enforcement officers are not subject to suit in a tribal court for claims arising out of the performance of their duties on tribal lands, did the Tenth Circuit Court of Appeals err in requiring Petitioners to exhaust their remedies in the Ute Tribal Court in order to determine whether that Court has jurisdiction to hear a trespass claim arising out of Petitioners’ performance of their official duties that the Ute Indian Tribe brought against them in the Ute Tribal Court?

Counsel of record

For petitioner
Jesse Carl Trentadue
Suitter Axland, PLLC

For respondent
Jeffrey Scott Rasmussen
Patterson Earnhart Real Bird & Wilson LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 20 2018
    Petition DENIED. Justice Gorsuch took no part in the consideration or decision of this petition.
  2. Jan 31 2018
    DISTRIBUTED for Conference of 2/16/2018.
  3. Jan 25 2018
    Reply of petitioners Vance Norton, et al. filed.
  4. Jan 16 2018
    Brief of respondents The Ute Indian Tribe of the Uintah and Ouray Indian Reservation, et al. in opposition filed.
  5. Dec 12 2017
    Petition for a writ of certiorari filed. (Response due January 16, 2018)