Utah court rebuffs leader of peyote church in religious freedom counter-suit against federal government

James Warren "Flaming Eagle" Mooney's quest for justice suffered a setback this week.

U.S. District Judge David Sam threw out the Native American Church leader's lawsuit that accused the federal government, Utah and Utah County of violating his religious rights by prosecuting him for using peyote in religious services.

Sam found that the federal and state government could not be sued because of immunity laws, while Mooney, the judge said, failed to offer evidence that Utah County, as a matter of policy, infringed on his right to conduct peyote ceremonies.