CHAPOOSE v. HODEL

No. 85-2078.

831 F.2d 931 (1987)

Haskell Levi CHAPOOSE, as Guardian Ad Litem for and on behalf of his minor children, to-wit: Shaun Thomas Chapoose, JaNae Lyn Chapoose, Dixon Levi Chapoose, Michelle Quitta Chapoose; and Connor Charles Chapoose; Dorthea Unca Sam Garcia, as Guardian Ad Litem for and on behalf of her minor children, to-wit: Maureen Garcia, Murita Garcia, Phillipe Theodore Garcia, and Lora Lynn Garcia, who are minors, and Johnnie Chris Garcia, who is now an adult; Marietta Chapoose Reed, as mother of Ina Charlene Reed and Lori Ann Reed, who are now adults; and Raymond Wissiup, as Guardian Ad Litem for and in behalf of his minor children, to-wit: Raylene Jamie Wissiup, Raymond Wissiup II, and Cynyella Monda Rae Wissiup, et al., Plaintiffs-Appellants, v. Donald P. HODEL, as Secretary of the Interior and Ken Smith, as Assistant Secretary of the Interior; John Fritz, as Deputy Assistant Secretary-Indian Affairs (operations); and/or their successors to office, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

October 22, 1987.


Attorney(s) appearing for the Case

George E. Mangan (Machelle Fitzgerald and Herbert Wm. Gillespie with him on the briefs), Roosevelt, Utah, for plaintiffs-appellants.

Edward J. Shawaker, Dept. of Justice, Washington, D.C. (David C. Shilton, Dept. of Justice, Washington, D.C.; F. Henry Habicht II, Asst. Atty. Gen., Brent D. Ward, U.S. Atty., and Joseph W. Anderson, Asst. U.S. Atty., Salt Lake City, Utah, with him on the brief), for defendants-appellees.

Before SEYMOUR, McWILLIAMS, and MOORE, Circuit Judges.


JOHN P. MOORE, Circuit Judge.

Haskell Levi Chapoose and eighteen other Ute Indian children (the Children) appeal the dismissal of their claims for violations of their civil rights and for attorney fees. Appellants' complaint was addressed in sequential motions for summary judgment. In its first order, the district court dismissed the Children's civil rights and Bivens claims for damages and reduced the central issue to the resolution of whether the action of...

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