Environment | Law

Appeals court hears lawsuit over death in stolen artifact case

Wednesday, September 21, 2016

Cottonwood Wash in Utah. Photo by Deborah Lee Soltesz

The 10th Circuit Court of Appeals heard arguments on Tuesday in a lawsuit filed by the family of a non-Indian man who was accused of stealing tribal artifacts.

James Redd, 59, was never brought to justice for allegedly stealing what the Associated Press described as an "effigy bird pendant." He committed suicide a day after federal agents arrested him and raided his home in Blanding, Utah, on June 10, 2009.

Redd's estate subsequently sued an agent from the Bureau of Land Management, alleging excessive force during the raid. His survivors said the incident caused his death.

A federal judge disagreed and sided with the BLM agent last December, according to documents posted on Turtle Talk. The raid was entirely "reasonable" given the circumstances of the situation, the decision stated.

"All the estate has shown is that thirteen federal personnel were present somewhere on Dr. Redd’s property and an unspecified number of agents arrested Dr. Redd upon his arrival," Judge Robert J. Shelby wrote on December 11, 2015. "The record evidence establishes that at least some of the thirteen officers were with Mrs. Redd, and others were with Dr. Redd’s daughter—both of whom were in different locations than Dr. Redd. The agents’ mere presence and proximity to Dr. Redd did not create an excessive show of force, even if the agents wore SWAT-like gear and carried— but did not point—machine guns."

The family is now asking the 10th Circuit to revive the case, the AP reported. Arguments were held in Denver, Colorado, according to the court's calendar.

Redd's estate also filed a different lawsuit against the federal government but lost the case in March, according to documents posted on Turtle Talk. Again, the raid was determined to be "reasonable," the decision stated.

"The presence of over 800 artifacts required the assistance of additional agents to help catalog and inventory the items. Therefore, it was not unreasonable to have as many as 50 agents engaged in conducting the search on Dr. Redd’s residence," Judge Ted Stewart wrote. The decision is also being appealed to the 10th Circuit, according to court records.

Redd's arrest came as part of a two-year investigation known as Cerebus Action. In total, 24 people were indicted for trafficking in tribal property. Most were residents of Blanding in San Juan County.

“Looters robbing tribal communities of their cultural patrimony is a major law enforcement issue for federal agencies enforcing historic preservation laws in Indian Country, then-assistant secretary Larry Echo Hawk, who is from Utah, said in a press release at the time. "Today's action should give American Indians and Alaska Natives assurance that the Obama Administration is serious about preserving and protecting their cultural property."

Redd's wife and daughter pleaded guilty for their roles in the case. But Cerebus Action wasn't the family's first brush with the law -- according to even more documents posted on Turtle Talk.

In January 1996, Redd and his wife were arrested and charged for desecrating a tribal burial site in San Juan County. All charges were dropped against Redd after his wife entered a plea in state court and agreed to pay $10,000 to settle a lawsuit, Judge Shelby wrote in October 2014.

Native Americans represent a near majority in San Juan County but non-Indian officials have made it more difficult for tribal members to elect candidates of their voice and exercise their right to vote.

Of the three county commissioners, only one is Native.

Read More on the Story:
Lawsuit over artifact looting case suicide in appeals court (AP 9/20)