Case Explained: Kozlowicz-Gardner v. Ute Tribal Council Members

Court: United States Court of Appeals for the Tenth Circuit Filed: 2026-06-29 Docket: 2:25-CV-00211-JNP) The Tenth Circuit affirmed the district court’s dismissal of Lynda Kozlowicz-Gardner’s suit against Ute Tribal Council Members for lack of subject matter jurisdiction. The court applied a de novo standard of review and held that sovereign immunity bars the action because the plaintiff failed to demonstrate that the tribe or its officials waived immunity or that an exception, such as the *Ex Parte Young* doctrine, applies. Additionally, the court determined that neither federal question nor diversity jurisdiction exists; the Coronavirus Aid, Relief, and Economic Security Act does not provide a private cause of action for the alleged misuse of funds, and Native American tribes are not citizens of any state for diversity purposes. As a practical consequence, the appeal is dismissed with no further relief granted to the appellant, leaving the district court’s dismissal order in effect. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.