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NORTON v. UTE INDIAN TRIBE OF UINTAH AND OURAY

No. 15-4170.

862 F.3d 1236 (2017)

Vance NORTON; Gary Jensen; Keith Campbell; Anthoney Byron; Bevan Watkins; Troy Slaugh; Dave Swenson; Jeff Chugg; Rex Olsen; Craig Young; Sean Davis, Plaintiffs-Appellees, v. UTE INDIAN TRIBE OF THE UINTAH AND OURAY RESERVATION, a federally recognized Indian Tribe; Business Committee for the Ute Tribe of the Uintah and Ouray Reservation, in its official capacity; Ute Tribal Court of the Uintah and Ouray Reservation; Honorable William Reynolds, in his official capacity as Acting Chief Judge of the Ute Tribal Court; Debra Jones, individually and as the natural parent of Todd R. Murray and as personal representative of the Estate of Todd R. Murray; Arden Post, individually and as the natural parent of Todd R. Murray, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

FILED July 11, 2017.

Attorney(s) appearing for the Case

Jeffrey S. Rasmussen ( Thomas W. Fredericks , Frances C. Bassett , and Jeremy J. Patterson , with him on the briefs), Fredericks Peebles & Morgan, Louisville, Colorado for Defendants-Appellants.

Jesse C. Trentadue ( Britton R. Butterfield , with him on the brief), Suitter Axland, PLLC, Salt Lake City, Utah, for Anthoney Byron, Bevan Watkins, Gary Jensen, Keith Campbell, Troy Slaugh, and Vance Norton, Plaintiffs-Appellees.

J. Clifford Petersen , Assistant Utah Attorney General ( Scott D. Cheney , Assistant Utah Attorney General, and Sean D. Reyes , Utah Attorney General, with him on the brief), Office of the Attorney General for the State of Utah, Salt Lake City, Utah, for Craig Young, Dave Swenson, Jeff Chugg, Rex Olsen, and Sean Davis, Plaintiffs-Appellees.

Before LUCERO, McKAY, and BACHARACH, Circuit Judges.

This appeal arises from the death of Todd Murray, a Ute tribal member, following a police pursuit on the Uintah and Ouray Indian Reservation (the "Reservation"). Murray's parents, his estate, and the Ute Indian Tribe (the "Tribal Plaintiffs") sued the officers involved in Ute Tribal...

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