From Deseret News archives:
Utes gain a chance for redress
At issue is whether the federal circuit court judge who dismissed their complaint one year ago properly applied a specific law when he determined their case was filed after the statute of limitations had expired.
Friday, a three-judge panel from the U.S. Circuit Court of Appeals remanded the case of Felter v. Kempthorne back to U.S. District Court Judge Richard W. Roberts in Washington, D.C., for review.
In January 2006, Roberts sided with the federal government, ruling that the allegations against it for wrongdoing in the 1950s and 1960s in connection with the Ute Partition Act were filed 35 years too late.
According to Roberts' decision, lead plaintiff Oranna Felter of Roosevelt should have filed her claims in 1967 at the very latest. Felter was a young girl at the time the Uinta Band members who had less than 50 percent Ute blood had their names stricken from tribal rolls.
The appellate court has directed Roberts to consider whether the terminated Utes had access to their financial records and received an accounting of what had transpired before ruling that the statute of limitations had run its course in the case.
"We all stuck in there behind our attorney who has proudly stood up and fought a lonely battle for us terminated mixed-blood Uintas and our descendants," said Felter. "All of the members on our case have been dedicated to seeing this case through, and we appreciate their support and prayers."
There are 668 individuals listed as plaintiffs in the complicated civil court complaint. Felter said the recent court ruling has a sweet taste of victory because through the past 54 years the group has been "kicked out of the court, ridiculed by the BIA, the Ute Indian Tribe and our own congressional delegation."
The litigation seeks relief for alleged injustices inflicted on members of the Uinta Band of Ute Indians who were terminated from tribal membership rolls with the implementation of the 1954 Ute Partition Act. The lawsuit claims the termination act was flawed and that the federal government acted illegally in carrying it out.
Comments
- Jones' joy for life remembered 4:09 p.m.
- 'A Christmas Story' opens this week 4:05 p.m.
- Fantasy is reality for BYU professor 4:05 p.m.
- Art gallery exhibitions this week 4:05 p.m.
- Special exhibits and programs 4:05 p.m.
- Utah concert calendar 4:05 p.m.
- 'The Nutcracker' tradition of change 4:05 p.m.
- Ballet West sponsors coat drive 4:05 p.m.
- Book signings, readings, other events 4:05 p.m.
- 'Gathering Storm' hard to put down 4:05 p.m.
- Cave to be sealed with body inside
- Predicting the unpredictable: BYU wins
- Vegas, Poinsettia bowls or bust
- Glover gives Utes last-second upset
- BYU football: 5 keys to victory
- Cougars turn back Wildcats'
- Man trapped in Nutty Putty cave dies
- Running game key to BYU offense
- Budget cuts won't help in 2011
- Efforts to save a life praised
- BYU would like friendlier rivalry
272 - Thunder rolls by Jazz
136 - Boys basketball rankings
134 - Letters: Rushing to judge Palin
134 - Editorial: Poor welcome for Palin
113 - Cave to be sealed with body inside
111 - Man trapped in Nutty Putty cave dies
111 - Letters: Trump card for believers
98 - Rivalry Week is highly profane
88 - Utah, BYU are top choices for bowls
76
I wanted to tell them not to go. I dropped subtle hints. "My money is on...
When I was a kid, I worshipped my grandpa. He was undoubtedly my hero....
Yes, thank you for such a wonderful portrayal of the Christ of Christmas!...
I went throught this cave when I was young and I thought it was fun. I was...
Hey, I've heard through the underground grapvine that Rich's Head Mechanics'...
Bears are not true hibernators. Just because they "den up" don't make them...
I have read the proposal, and agree that it is verbose, but I fail to see any...
I guess a "tribute" to the team of 1984 is fine, but the Royal blue was bad...
Geez Charles. Why don't you take your arrogance and condescension down a...
Congratulations on your win Utah!! Cougars get defeated yet once again!
Offloading or externalizing basic costs of doing business have been a staple...
@ 3:48, Use your computer and be prepared for some fascinating reading....



You can be the first to comment on this story.