SEP 11 2002
PATRICK FISHER
Clerk
No. 01-7138
(D.C. No. 00-CV-323-S)
(E.D. Oklahoma)
After examining the briefs and appellate record, this panel has determined
unanimously to grant the parties request for a decision on the briefs without oral
argument. See Fed. R. App. P. 34(f); 10th Cir. R. 34.1(G). The case is therefore
ordered submitted without oral argument.
Liberally construed, the plaintiffs complaint seeks damages against the
individual defendants and injunctive relief against the United States and the
individual defendants in their official capacities. The district court ultimately
denied injunctive relief, granted partial summary judgment to the individual
defendants on the ground of qualified immunity, denied partial summary judgment
to plaintiffs, and dismissed the case. Plaintiffs appeal. We have jurisdiction
under 28 U.S.C. 1291. We affirm.
This suit concerns the Alabama-Quassarte Tribal Town of Oklahoma (the
Town), an Indian tribe of fewer than five hundred persons. Plaintiffs are the
Town and three persons whose tribal membership is disputed: Rebecca Torres,
This order and judgment is not binding precedent, except under the
doctrines of law of the case, res judicata, and collateral estoppel. The court
generally disfavors the citation of orders and judgments; nevertheless, an order
and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.
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Michael W. Richards, and Esther Holloway. Defendants are the United States and
two officials of the Bureau of Indian Affairs (BIA), Dennis L. Wickliffe and
Dennis Springwater. Intervenors are the Governing Committee of the Town (the
Interim Committee) and Alison Alexander, a Town member.
A tribal election was held in May 1997. Torres was elected Town Chief
and Richards was elected to the Town Governing Committee. At about the same
time, a dispute concerning the tribes official membership came to a head. The
BIA was asked to help determine the membership according to the requirements
of the Towns Constitution and By-laws. After a review, it was determined that
those requirements were not met by 277 Town members, including Torres and
Richards. Although the BIA had previously recognized Torres and Richards as
Town officials for government-to-government purposes, the BIA withdrew its
recognition on June 14, 2000, because of questions about their eligibility to hold
Town office and their lack of action to resolve the membership dispute. The BIA
then recognized the Interim Committee as the interim Town government until the
membership dispute could be resolved.
The district court determined that the individual defendants were entitled to
qualified immunity on the damage claims because plaintiffs failed to show that
they violated any clearly established law. The court discerned no claims against
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the United States except a claim for injunctive relief, which it denied. The court
denied plaintiffs cross-motion for partial summary judgment.
We review de novo the district courts grant of summary judgment based on
qualified immunity.
Harris L Hartz
Circuit Judge
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