Federal Judge Dismisses Claims Against Tribe Over Horse Roundup

In a significant legal decision, a U.S. District Court judge in Reno has dismissed claims against the Pyramid Lake Paiute Tribe concerning a disputed horse roundup in Washoe County, Nevada. The case, which has drawn attention from horse advocates and the American Wild Horse Conservation (formerly American Wild Horse Campaign), highlights the complexities of sovereign immunity and the challenges of protecting wild horses.

On January 29, 2019, Judge Miranda Du ruled that the tribe's status as a sovereign government shields it from legal claims, even if the roundup included horses that should not have been involved. "The sovereign immunity doctrine is very broad, it doesn’t really matter what the facts are," Du stated.

While dismissing claims against the tribe, Judge Du reminded the remaining defendants of a previous order to refrain from sending horses to slaughter while the search for Lady, a privately owned horse thought to have been wrongly herded away, continues. "The injunction I issued a couple weeks ago is still in place," Du emphasized.

Colleen Westlake, Lady's owner, expressed her devastation over the situation, stating, "It was really hard sitting there in the courtroom and knowing that a lot of this could have been avoided."

The case originated from efforts by the American Wild Horse Conservation (formerly American Wild Horse Campaign) to recover at least 271 horses involved in a tribally orchestrated roundup in Palomino Valley. The advocates argued that the tribal government waived its sovereign immunity by organizing a roundup that extended beyond the reservation's borders and involved state officials and private contractors.

Jessica Peterson, representing the horse advocates, planned to submit more evidence supporting claims that the tribe collaborated with others to circumvent state laws requiring public notice for feral livestock roundups. She criticized the state's brand inspection process, which she claimed was inadequate, leading to the improper shipment of Lady and potentially other privately owned horses.

Despite these arguments, Judge Du dismissed the claims against the tribe with prejudice, meaning they cannot be revived. "I'm looking at the complaint that was filed. That's all I have," Du said. "You cannot try to supplement the allegations in the complaint at the hearing."

Tribal officials, including Alan Mandell, vice chairman of the tribe, defended their actions, stating that the roundup was part of a broader plan to restore the range on the reservation, which has been devastated by fire. They maintained that they provided notice of the roundup and relied on state brand inspectors to prevent wrongful shipments.

While the ruling dismissed claims against the tribe, it did not resolve claims against Cattoor Livestock Roundup Co., a private contractor, or two Nevada Department of Agriculture officials involved in the roundup. The fate of Lady remains uncertain, with possibilities ranging from her being in a holding lot in New Mexico to still roaming free.

Deputy attorney general Peter Keegan mentioned that state officials contacted New Mexico authorities, who were unable to identify Lady using a photo provided by Westlake. Judge Du suggested further collaboration with horse advocates to ensure compliance with the order to prevent Lady's slaughter.

Westlake remains uncertain about the future, stating, "I’m not sure what is going to happen next, to be honest with you."

Originally posted by Reno Gazette-Journal