Sixth Circuit Affirms Tribal Court Decision in Spurr v. Pope

Decision

But our review involves no probing of the facts, just a pure question of law: Does a tribal court have jurisdiction under federal law to issue a civil personal protection order against a non-Indian and non-tribal member in matters arising in the Indian country of the Indian tribe? Because 18 U.S.C. § 2265(e) unambiguously grants tribal courts that power, and because tribal sovereign immunity requires us to dismiss this suit against two of the named defendants, we AFFIRM the district court’s dismissal of Spurr’s complaint.

Reply
Answer Brief
Appellant Brief

Lower court materials here.

Tribal supreme court decision here.

Update:

Cert Petition

Brief in Opposition