Suit Against Yankton Sioux Tribal Court Dismissed

Here are the materials in Moss v. Bossman, from the District of South Dakota.

moss-v-bossman-dct-order

yankton-motion-to-dismiss2

An excerpt:

On June 17, 2008, Plaintiffs filed a Complaint in the United States  [*9] District Court for the District of South Dakota, Southern Division alleging that the Yankton Sioux Tribal Court lacks jurisdiction to issue an order for exclusion and removal against Plaintiffs since tribes may not regulate the activities or conduct of non-Indians accruing outside their reservations. For this same reason, Plaintiffs allege that the individual Business and Claims Committee members named therein have “acted beyond the scope of their official capacity as Yankton Sioux Tribal Business and Claims Committee members . . . by authorizing the filing of Emergency Petition for Exclusion and Removal.” (Compl. P 12.). Plaintiffs contend that because jurisdiction is clearly lacking in Yankton Sioux Tribal Court, they are not required to first exhaust remedies in Tribal Court before filing a motion in federal district court contesting jurisdiction.