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LONCASSION v. LEEKITY

Civ. No. 8793.

334 F.Supp. 370 (1971)

Mrs. Lorraine LONCASSION, Individually, and as Mother and Next Friend of Terry Loncassion, Plaintiff, v. Willis LEEKITY and the Pueblo of Zuni, Defendants.

United States District Court, D. New Mexico.

November 16, 1971.

Attorney(s) appearing for the Case

Peter M. McDevitt, Gallup, N. M., for plaintiff.

Victor R. Ortega, U. S. Atty., Stephen L. ReVeal, Asst. U. S. Atty., Keleher & McLeod, John B. Tittmann, Albuquerque, N. M., for defendants.

MEMORANDUM OPINION

BRATTON, District Judge.

This is a civil rights action in which two members of the Pueblo of Zuni seek damages from a tribal police officer and the Pueblo itself. The defendants raise three affirmative defenses: (1) lack of subject matter jurisdiction, (2) failure to state a claim upon which relief can be granted, and (3) sovereign immunity of the Pueblo of Zuni.

The complaint alleges that on January 17, 1970 at about 1:30 A.M...

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