Ute Indian Tribe of the Uintah and Ouray Reservation v Myton, Utah

Tribe appealed the dismissal of its complaint against Myton alleging Myton was prosecuting crime that occurred on tribal land. The panel reversed. It held that the issue of where Indian Country is had been settled decades ago in a series of opinions by the united states supreme Court and 10th Circuit, that the land in question here was never deed to anyone and thus reverted to tribe’s jurisdiction in 1945 which is consistent with all the precedent in the ongoing dispute which Myton had been informed was the case no later than 1947 and equity does not provide a bi to grant relief to Myton as the law is clear where Indian Country is and the checkerboard of places Myton can and cannot exercise jurisdiction is the result of congressional decisions over time and has been successfully handled by other towns throughout the West. It rejected a laches argument noting tribal land in held in trust by the federal government and laches cannot be used against the government and in any event tribe field suit promptly after Myton started prosecuting offenders. The panel finally order the case reassigned to a new judge at the district court noting the currently assigned judge had failed to implement 10th Circuit mandates in earlier appeals.

Culver v Armstrong

Culver appealed the qualified immunity judgment entered in favor of Armstrong in Culver’s wrongful arrest claim. The panel affirmed. It held that under Wyoming case law, Wyoming Code 6-5-204(a) can be violated by speech alone, Culver was verbally abusive towards Armstrong while Armstrong was investigating a possible DUI and led Armstrong away from another suspect who could have fled or attacked Armstrong and thus there was an objectively reasonable basis for Armstrong to believe he had probable cause to arrest and Armstrong was entitled to qualified immunity.