Reading this morning about the terrible events at the Muckleshoot casino, am reminded about a case I included as a note in American Indian Tribal Law, Barbosa v. Mashantucket Pequot Gaming Enterprise, 4 Mash.Rep. 269 (2005). The Supreme Court’s decision in Montana and its progeny make it hard for tribal courts to assert civil jurisdiction over nonmembers. What about a case like Barbosa, where the plaintiff — a Foxwoods customer who was beaten savagely by other customers who drunkenly mistook him for Saddam Hussein in the years after 9/11 (you can’t make these facts up) — failed in his suit against Foxwoods, but attackers never showed up to defend themselves in tribal court (they were from New Hampshire).
Absent Montana etc., it would be relatively easy for Barbosa to enforce his judgment in New Hampshire. But the Supreme Court’s concern about nonmember defendants has also undermined the ability of nonmember plaintiffs to seek justice as well. Barbosa can’t really go to Connecticut or New Hampshire courts, and there’s no federal subject matter jurisdiction. So he’s stuck being saddled in the same boat as Indian tribes.
Turtle Talk 
He can take a Default Judgment against the New Hampshire Defendents if he has properly served them by mail, newspaper or otherwise, and then attempt to register the judgment in New Hampsire State Court. The state court can either apply full faith and credit (which it probably won’t) or it can allow registration of the judgment under “notions of comity” but would “look behind” the judgment for “due process” and/or allow the defendents to come in and set up defenses, such as improper service or lack of due process. If the Plaintiff and Court have “painted by the numbers” then the state court may choose to enforce the judgment and either place a lien on attachable property or levy against property or funds that can be identified.
What would have prevented Barbossa from filing suit in state court and using long arm statutes to obtain jurisdiction over his out-of-state attackers?
Why do that when all the ev is in Indian country?