· 6/7/2010
Iowa Tribe of Kansas and Nebraska v. Salazar
Citations
- 607 F.3d 1225
- 2010 U.S. App. LEXIS 11490
- 2010 WL 2253537
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding “sovereign immunity is an ongoing inquiry” rather than a status that is frozen at the time a complaint is filed
- stating that “the Secretary need only make a colorable claim that the land is held in trust on behalf of an Indian tribe”
- declining to exercise jurisdiction over a dispute concerning whether the Secretary of the Interior properly took a small tract of land into trust on behalf of a Native American tribe
- “Consequently, plaintiffs may not proceed unless they can establish that the United States has waived its sovereign immunity with respect to their claim.”
- “Plaintiffs may not proceed unless they can establish that the United States has waived its sovereign immunity with respect to their claim.” (citation modified)
- “A district court’s evaluation of sovereign immunity and its decision to dismiss for lack of jurisdiction are reviewed de novo.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Lucero, Murphy, Holmes
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.