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SOUTHERN UTE INDIAN TRIBE v. LEAVITT

No. 07-2274.

564 F.3d 1198 (2009)

SOUTHERN UTE INDIAN TRIBE, Plaintiff-Appellant, v. Michael O. LEAVITT, Secretary of the United States Department of Health and Human Services; Richard H. Carmona, Surgeon General of the United States; Charles W. Grim, Assistant Surgeon General and Director of the Indian Health Service; James L. Toya, Director, Albuquerque Area Office of the Indian Health Service; United States Indian Health Service; United States Public Health Service; United States Department of Health and Human Services, Defendants-Appellees. National Congress of American Indians, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

May 4, 2009.

Attorney(s) appearing for the Case

Steven Boos, Maynes, Bradford Shipps & Sheftel, Durango, CO (with Monte Tyler Mills, Southern Ute Indian Tribe Legal Department, on the briefs) for Plaintiff-Appellant.

John S. Koppel (Gregory G. Katsas, Acting Assistant Attorney General, Gregory J. Fouratt, United States Attorney, and Barbara C. Biddle and Jeffrica Jenkins Lee, Attorneys, Appellate Staff, on the brief) Department of Justice, Washington, D.C., for Defendants-Appellees.

Lloyd B. Miller and Hilary V. Martin, Sonosky, Chambers, Sachse, Miller & Munson, LLP, Anchorage, AK, filed an amicus curiae brief for the National Congress of American Indians is support of Plaintiff-Appellant.

Before HENRY, Chief Judge, TACHA and MURPHY, Circuit Judges.

HENRY, Chief Judge.

In litigation arising from the Secretary of Health and Human Services's ("HHS") decision not to enter into a self-determination contract with the Southern Ute Indian Tribe, the district court issued two operative orders: the first order determined that the HHS decision was unlawful, granted summary judgment to the Tribe, and ordered the Tribe to prepare a form of an order for injunctive relief for HHS approval. The parties could not reach an agreement...

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