HACKFORD v. UTAH

No. 15-4120.

845 F.3d 1325 (2017)

Richard Douglas HACKFORD, Plaintiff-Appellant, v. The State of UTAH; Wasatch County, a political subdivision of the State of Utah; Gary Herbert, in his capacity as Governor of Utah; Sean D. Reyes, in his capacity as Attorney General of Utah; Scott Sweat, in his capacity as County Attorney for Wasatch County, Utah; Tyler J. Berg, in his capacity as Assistant County Attorney for Wasatch County, Utah, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Filed January 19, 2017.


Attorney(s) appearing for the Case

Elizabeth A. Shaffer , Elizabeth A. Shaffer, PLLC, Park City, Utah, for Plaintiff-Appellant.

Jesse Carl Trentadue ( Britton R. Butterfield , with him on the brief) of Suitter Axland, PLLC, Salt Lake City, Utah, for Wasatch County Defendants-Appellees.

Stanford E. Purser , Deputy Solicitor General ( Tyler R. Green , Utah Solicitor General, Sean D. Reyes , Attorney General, Randy S. Hunter and Katharine H. Kinsman , Assistant Attorneys General, with him on the brief), Salt Lake City, Utah, for State of Utah Defendants-Appellees.

Before HOLMES, SEYMOUR, and MORITZ, Circuit Judges.


Richard Douglas Hackford brought this action seeking to enjoin the State of Utah's prosecution of the traffic offenses he committed on December 4, 2013, contending that he is an Indian and the offenses occurred in Indian Country. Concluding that Mr. Hackford failed to meet the requirements for avoiding state criminal jurisdiction...

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