862 F.3d 1236
10th Cir.2017Background
- Todd Murray (Ute tribal member) died after police pursued him onto the Uintah and Ouray Reservation; dispute whether he was shot by an officer or himself.
- Officers (state, county, city) were not cross-deputized to exercise law-enforcement authority on the Reservation; a tribal officer was allegedly prevented from accessing the scene.
- Murray’s parents, estate, and the Ute Tribe sued the officers in Tribal Court asserting torts including trespass, wrongful death, assault/battery, false arrest/imprisonment, spoliation, and conspiracy.
- Officers sued in federal court seeking a preliminary injunction to enjoin the Tribal Court action and argued tribal exhaustion was unnecessary and tribal sovereign immunity did not bar relief; district court enjoined the Tribal Court and found some defendants not immune.
- Tenth Circuit reviews whether tribal-court exhaustion was excused for each claim and whether tribal sovereign immunity bars the federal suit against tribal entities.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether tribal-court exhaustion is required for the trespass claim | Tribal trespass implicates tribe’s core sovereignty (right to exclude); exhaustion required | Officers: Hicks and other doctrines foreclose tribal jurisdiction and make exhaustion futile | Exhaustion required for trespass; Tribal Court jurisdiction is colorable under Montana second exception |
| Whether tribal-court exhaustion is required for remaining tort claims (wrongful death, assault, false arrest/imprisonment, spoliation, conspiracy) | These arose on tribal land and implicate tribal interests; exhaustion required | Officers: Montana limits tribal jurisdiction over nonmember defendants; Hicks and precedent foreclose jurisdiction | Exhaustion not required for remaining claims — tribal jurisdiction is not colorable under Montana |
| Whether Hicks (Nevada v. Hicks) bars tribal jurisdiction here | Tribe: Hicks is narrow and concerned off-reservation state interests; does not apply | Officers: Hicks controls because state officers were sued for on-reservation conduct relating to a pursuit | Hicks does not apply to trespass claim here because no off-reservation crime investigation or cross-deputization; thus Hicks does not automatically bar tribal jurisdiction for the trespass claim |
| Whether tribal sovereign immunity (and Ex Parte Young) permits federal suit against the Tribe and tribal subdivisions | Officers: Ex Parte Young permits injunctive relief to stop tribal-court actions; sovereign immunity not a bar | Tribe: Ex Parte Young applies to officials only, not tribes or subdivisions; sovereign immunity applies | Tribe, Business Committee, and Tribal Court are immune; Ex Parte Young applies to Acting Chief Judge (official) so he is not immune |
Key Cases Cited
- Nat’l Farmers Union Ins. Cos. v. Crow Tribe of Inds., 471 U.S. 845 (1985) (tribal-court exhaustion generally required unless jurisdiction is automatically foreclosed)
- Montana v. United States, 450 U.S. 544 (1981) (limits on tribal civil jurisdiction over nonmembers; two key exceptions)
- Nevada v. Hicks, 533 U.S. 353 (2001) (narrow holding that tribal courts lack jurisdiction over state officers enforcing state law for off-reservation investigations)
- Merrion v. Jicarilla Apache Tribe, 455 U.S. 130 (1982) (tribal power to exclude non-Indians from tribal lands is a hallmark of sovereignty)
- Strate v. A-1 Contractors, 520 U.S. 438 (1997) (tribal courts generally lack adjudicative jurisdiction over nonmember tortfeasors absent Montana exceptions)
- Plains Commerce Bank v. Long Family Land & Cattle Co., 554 U.S. 316 (2008) (land status is critical in applying Montana; tribal sovereignty centers on tribal land and members)
- Ex Parte Young, 209 U.S. 123 (1908) (permits suits against officials for prospective injunctive relief to stop ongoing violations of federal law)
- Iowa Mut. Ins. Co. v. LaPlante, 480 U.S. 9 (1987) (federal courts should abstain pending tribal-court exhaustion to allow development of full record and respect tribal institutions)
- Thlopthlocco Tribal Town v. Stidham, 762 F.3d 1226 (10th Cir. 2014) (colorable assertion of tribal jurisdiction suffices to require exhaustion; exceptions applied narrowly)