Defendant's Attorney: Jesse Trentadue, Michael Homer and Tyler Allred for Stephen Foote

Christiana Biggs and Kyle Kaiser for the Eight District Court

Description: Salt Lake City, Utah civil rights lawyer represented the Plaintiff who sued the Defendants on civil rights violation theories.


In December 2020, Ms. Amboh was pulled over and arrested for traffic violations in Roosevelt City, Utah. Ms. Amboh was later convicted for interference with an arresting officer and operating a vehicle without insurance in the Eighth District Court of the State of Utah in Duchesne County. In August 2021, Ms. Amboh filed a complaint in this court against Duchesne County, the Eighth District Court, and Duchesne County Attorney Stephen Foote, stating three causes of action-all of which stem from Ms. Amboh's allegation that the defendants acted without jurisdiction over her as a member of the Uintah Band because the arrest occurred in Indian country within the Uintah and Ouray Reservation. While summonses were returned for Mr. Foote and the Eighth District Court in late 2022, no summons has been returned for Duchesne County despite Ms. Amboh receiving reminders that failure to properly serve may result in dismissal.

Both Mr. Foote and the Eighth District Court filed motions to dismiss, with Mr. Foote arguing, in relevant part, that Ms. Amboh cannot prevail as a matter of law because the infractions for which she was arrested and convicted did not occur within Indian country jurisdiction. This reasoning was adopted in Magistrate Judge Cecilia M. Romero's Report and Recommendation that the defendants' motions be granted and that Ms. Amboh's complaint be dismissed. Judge Romero reasoned that because the Tenth Circuit and this court have established that Roosevelt City is not within Indian country, Ms. Amboh fails to state a claim upon which relief can be granted. Judge Romero also recommended that defendant Duchesne County be dismissed for failure to serve. Ms. Amboh filed an objection to Judge Romero's Report and Recommendation.

Outcome: For the above-stated reasons, the court rules as follows:

1) The court OVERRULES Ms. Amboh's objections and ADOPTS Judge Romero's Report and Recommendation in full. ECF No. 35.

2) The court GRANTS the Eighth District Court's and Mr. Foote's Motions to Dismiss the claims against them pursuant to Rule 12(b)(6). ECF No. 22; ECF No. 23.

3) The court DISMISSES Duchesne County for failure to serve.
Amboh v. Duchesne Cnty. (D. Utah 2023)

Plaintiff's Experts:

Defendant's Experts:

Comments: