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· 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 CourtListener

Sourced 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.