Contour Spa v. Seminole Tribe Cert Petition – Turtle Talk

Contour Spa v. Seminole Tribe Cert Petition

September 27, 2012Matthew L.M. Fletcher

Here:

Contour Spa Cert Petition

Questions Presented:

1. Does Lapides v. Board of Regents of the University System of Georgia, 535 U.S. 613 (2003), provide a basis for finding a waiver of tribal sovereign immunity where an Indian Tribe has expressly waived sovereign immunity, is sued in state court, removes to federal court, and then asserts sovereign immunity based on the Tribe’s concealment of the fact that the Tribe did not comply with the Secretary of the Interior’s lease approval requests?

2. Does Justice Brandeis’ opinion in Turner v. United States, 248 U.S. 354 (1919). support the concept of tribal sovereign immunity or should that accidental doctrine, questioned in Kiowa Tribe of Oklahoma v. Manufacturing Technologies, Inc., 523 U.S. 751 (1998), be revisited and discarded.

3. Does the Indian Civil Rights Act, Title 25 U.S.C. § 1302(a)(5) and (a)(8) create an implicit cause of action permitting the Tribe to be sued for the taking of property without due process of law?

Lower court materials here.

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