Tenth Circuit Finds Federal Question in Thlopthlocco Tribal Town v. Stidham, Orders Tribal Court Exhaustion

Here is the opinion in Thlopthlocco Tribal Town v. Stidham. An excerpt:

The Thlopthlocco Tribal Town is a federally recognized Indian tribe in Oklahoma. An election dispute arose about which individuals were properly elected or appointed to govern the Thlopthlocco people. Seeking to resolve that dispute, the Tribal Town filed suit in the tribal court of the Muscogee (Creek) Nation and, accordingly, voluntarily submitted to that court’s jurisdiction.

The Tribal Town subsequently concluded it did not want to maintain its suit in tribal court and dismissed its claims. But the defendant in that suit had, by that time, filed cross-claims. Arguing that the Tribal Town’s sovereign immunity waiver did not cover proceedings on the cross-claims, the Tribal Town attempted to escape Muscogee court jurisdiction, but, in various decisions, several judges and justices of the Muscogee courts held that they may exercise jurisdiction over the Tribal Town without its consent.

The Tribal Town then filed a federal action in the Northern District of Oklahoma against those Muscogee judicial officers, seeking to enjoin the Muscogee courts’ exercise of jurisdiction. The district court dismissed the case, finding that the federal courts lacked subject matter jurisdiction, the defendants were entitled to sovereign immunity, the Tribal Town had failed to join indispensable parties, and the Tribal Town had failed to exhaust its remedies in tribal court. We conclude, however, that the Tribal Town has presented a federal question and that the other claims do not require dismissal. But we agree the Tribal Town should exhaust its remedies in tribal court while its federal court action is abated.

Here are the briefs:

Thlopthlocco Opening Brief

Stidham Brief

Thlopthlocco Reply Brief

Lower court materials here.

 

Call for Papers – Indigenous Environmental Rights and Tribal Environmental Regulation

William Mitchell Law Review, Vol. 41, Issue 2 (Spring 2015)

The William Mitchell Law Review is dedicating an issue to environmental justice issues, with a focus on indigenous rights to land and natural resources. The issue will be published in March 2015. Confirmed article topics so far cover tribal groundwater rights, EPA jurisdiction over off-reservation Indian lands, and mechanisms for tribal adaptation to climate change. The law review invites submissions that would support this overall theme of indigenous environmental justice and tribal environmental regulation.

Founded in 1974, the William Mitchell Law Review publishes timely articles of regional, national and international interest for legal practitioners, scholars, and lawmakers. Judges throughout the United States regularly cite the Law Review in their opinions. Academic journals, textbooks, and treatises frequently cite the Law Review as well. Due to the rising prominence of William Mitchell’s Indian law program, the Law Review is increasingly becoming a resource for articles relevant to Indian country.

Submissions may take the form of short commentaries or full-length law review articles. If you are interested in submitting an article, please email your submission to melissa.lorentz@wmitchell.edu by Friday, September 12th.

US Prevails in Tax Assessments Dispute with King Mountain Tobacco

Here are the materials in United States v. King Mountain Tobacco Co. Inc. (E.D. Wash.):

48 US Motion to Summary J

62 DCT Order Granting Summary J in 11-3038

70 US Renewed Motion for Summary J

74 King Mountain Response

80 US Reply

87 DCT Order Granting Renewed Motion for Summary J

Related case here.

American Indian Law Journal (Seattle Law) Call for Papers

The American Indian Law Journal, published by the Seattle University School of Law, is currently accepting submissions for potential publication in the spring issue.  The American Indian Law Journal serves as a vital online resource providing high quality articles on issues relevant to Indian law practitioners and scholars across the country. The deadline for submissions for the spring issue is December 15, 2014. The editing process for publication begins soon after this date.

The American Indian Law Journal accepts articles and abstracts for consideration from students, practitioners, and law school faculty members.  For more information or to submit an article, please contact Jillian Held, Content Editor, at heldj@seattleu.edu.

D.C. Circuit Rules against Menominee Tribe in Equitable Tolling Appeal

Here is the opinion in Menominee Tribe v. United States.

An excerpt:

Delays caused by a party’s inauspicious legal judgments are not “extraordinary circumstance[s]” sufficient to justify equitable tolling. Faced with a variety of reasonable litigation options, the Menominee Tribe chose to wait and see if more favorable law would appear. In so doing, the Tribe allowed its claims to expire. Because we find that no obstacle stood in the Menominee Tribe’s way of bringing the claims within the limitations period, the judgment of the district court is affirmed.

Briefs and lower court materials here.

D.C. Circuit Rules against Menominee Tribe in Equitable Tolling Appeal

Here is the opinion in Menominee Tribe v. United States.

An excerpt:

Delays caused by a party’s inauspicious legal judgments are not “extraordinary circumstance[s]” sufficient to justify equitable tolling. Faced with a variety of reasonable litigation options, the Menominee Tribe chose to wait and see if more favorable law would appear. In so doing, the Tribe allowed its claims to expire. Because we find that no obstacle stood in the Menominee Tribe’s way of bringing the claims within the limitations period, the judgment of the district court is affirmed.

Briefs and lower court materials here.

NPR Story on Indian Child Welfare Human Rights Crisis in South Dakota

Here is “Justice Department Supports Native Americans In Child Welfare Case.”

Free MIFPA Training — Sept. 25, 2014

Here: 092514 PA Final

SCAO-Child Welfare Services is hosting a FREE live training program, The Michigan Indian Family Preservation Act Changes the Game: Turning ICWA from Chess to Checkers, in Grand Rapids on Thursday, September 25, 2014.

Update in Massachusetts Suit over Gaming on Martha’s Vineyard

Here are the new materials in Commonwealth of Massachusetts v. Wampanoag Tribe of Gay Head (Aquinnah) (D. Mass.):

37 Aquinnah Community Association Motion to Intervene + Proposed Complaint

39 Town of Aquinnah Motion to Intervene

41 Wampanoag Opposition to Town Motion

42 Wampanoag Opposition to Community Association Motion

48 Town Reply

50 Aquinnah Reply

60 Tribe Motion to Dismiss

62 Tribe Rule 19 Motion to Dismiss

Prior posts here and here.