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BURRELL v. ARMIJO

Nos. 09-2034, 09-2039, 09-2154.

603 F.3d 825 (2010)

Bob BURRELL; Susan Burrell, Plaintiffs-Appellees/Cross-Appellants, v. Leonard ARMIJO, Governor of Santa Ana Pueblo and Acting Chief of the Santa Ana Tribal Police, Defendant-Appellant, Lawrence Montoya, Lt. Governor of Santa Ana Pueblo, Defendant-Cross-Appellee, and Nathan Tsosie, Tribal Administrator of Santa Ana Pueblo; Jerry Kinsman, Farm Administrator of Santa Ana Pueblo, Santa Ana Pueblo, Defendants.

United States Court of Appeals, Tenth Circuit.

April 27, 2010.

Attorney(s) appearing for the Case

Richard W. Hughes (Donna M. Connolly, with him on the briefs), Rothstein, Donatelli, Hughes, Dahlstrom, Schoenburg & Bienvenu, LLP, Santa Fe, NM, appearing for Appellant and Cross-Appellee.

Chris Lucero, Jr., Albuquerque, NM, appearing for Appellees/Cross-Appellants.

Before TACHA, EBEL, and KELLY, Circuit Judges.

TACHA, Circuit Judge.

A jury found Santa Ana Pueblo Governor Leonard Armijo and Lieutenant Governor Lawrence Montoya liable for discriminating and conspiring to discriminate against the plaintiffs, Bob and Susan Burrell, in violation of 42 U.S.C. §§ 1981 and 1985. Thereafter, Governor Armijo and Lieutenant Governor Montoya filed a motion for judgment as a matter of law based in part on sovereign immunity. The district court denied the motion as to Governor...

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