Here is the complaint, filed in the District of Minnesota:
Author: Matthew L.M. Fletcher
Second Circuit Brief in IFP, Pro Se Employment Discrimination Complaint against Mohegan Sun Casino
Here is the tribe’s brief in Tremblay v. Mohegan Sun Casino:
From the brief:
On May 20, 2014, the Court granted the Defendant’s Motion to Dismiss based on sovereign immunity. The full text of the decision is as follows:
ORDER granting [27] Motion to Dismiss; denying [28] Motion Not to Dismiss. Plaintiff brings this action against her former employer, the Mohegan Sun Casino, alleging employment discrimination in violation of Title VII and the Age Discrimination in Employment Act (“ADEA”). The defendant has filed a motion to dismiss based on sovereign immunity. The motion is granted. The Mohegan Tribe of Indians of Connecticut, which operates the defendant Casino through the Mohegan Tribal Gaming Authority (“MTGA”), is a federally recognized Indian tribe. “As a matter of federal law, an Indian tribe is subject to suit only where Congress has authorized the suit or the tribe *4 has waived its immunity.” Kiowa Tribe of Oklahoma v. Mfg. Technologies, Inc., 523 U.S. 751, 754 (1998). Neither has occurred here. The Mohegan Tribe has not waived its immunity from suit in this Court, and the statutes under which plaintiff brings this action do not abrogate the Tribe’s immunity. Title VII is expressly inapplicable to Indian tribes, 42 U.S.C. § 2000e(b)(1), and nothing in the ADEA revokes tribal sovereign immunity from private lawsuits. Garcia v. Akwesasne Housing Authority, 268 F.3d 76, 86 (2d Cir. 2001). Thus, plaintiff cannot bring claims of employment discrimination against an Indian tribe under Title VII or the ADEA. The Mohegan Tribe has enacted legislation establishing a tribal court system as well as legislation waiving the sovereign immunity of the Tribe and the Gaming Authority for discrimination claims by employees against the MTGA, but only in the Mohegan Gaming Disputes Court. Thus, plaintiff’s only remedy is to proceed in that Court. Accordingly, because this Court lacks subject matter jurisdiction over plaintiff’s claims, defendant’s motion to dismiss [ECF No. 27] is granted and plaintiff’s motion not to dismiss [ECF No. 28] is denied. The Clerk is directed to close the case. So ordered. Signed by Judge Robert N. Chatigny on 05/20/2014. (Bialek, T.)
Friends of Amador County v. Jewell Cert Stage Briefs
Here:
Buena Vista Rancheria Opposition
Question presented:
Whether, in an action by a third party against the Secretary of the Interior under the Administrative Procedure Act, 5 U.S.C. 551 et seq., a putative Indian tribe may invoke its sovereign immunity to prevent a court from reviewing the lawfulness of the Secretary’s decision to recognize it as a tribe.
Lower court materials here.
Alec L. v. McCarthy — Climate Change Cert Petition
Here are the briefs in support of the petition:
Alec L v McCarthy Cert Petition
Financial Services Company Challenges Sac and Fox Nation’s Tribal Court Jurisdiction
Here are the complaint and tribal court materials in United Planners Financial Services of America LLP v. Sac and Fox Nation (W.D. Okla.):
FTCA Claim Arising from Tule River Reservation Employee-Caused Accident Dismissed
Here are the materials in Manuel v. United States (E.D. Cal.):
An excerpt:
In sum, Plaintiff fails to establish that the Tribe’s self-determination contracts authorized Hammond’s acts or omissions underlying Plaintiff’s negligence claim. Allender, 379 F. Supp. 2d at 1211. Defendant, however, has demonstrated that the Tribe’s self-determination contracts did not establish, fund, or contemplate Hammond’s position as Tribal community liaison. Plaintiff has also failed to allege facts showing that Hammond was carrying out any of the Tribe’s self-determination contracts. The Court therefore finds that Hammond is not an employee of the federal government under Section 314. Consequently, Defendant is not subject to liability under the FTCA for Hammond’s alleged negligence. Accordingly, the Court must dismiss Plaintiff’s complaint for lack of subject matter jurisdiction.
MSU BLSA Panel on Implicit Bias
Fletcher, with Tiffani Darden and Phil Pucillo.
Here’s a pic with the audience waiting patiently for dinner to be served.
Fletcher previewed next week’s ILPC conference on Indian education — here’s a link to the critically important complaint filed last year by the Michigan Civil Rights Commission with the Dept. of Education on the horrible impacts of American Indian sports mascots on the educational environment.
Special guests included the National NALSA executive board!
Quinault Indian Tribe petitions State re: crude-by-rail terminals
Here is the petition, filed in the State Energy Facility Site Evaluation Council:
White Earth Tribal Court Law Clerk Position
Fredericks Peebles Seeking Experienced Mid-Level Attorney
Fredericks Peebles & Morgan LLP is a nationwide law firm dedicated to the representation of American Indian tribes and organizations. We represent Indian tribes and tribal entities in a wide spectrum of services including business transactions, litigation and governmental affairs, in many forums, including state, federal and tribal courts.
We are seeking an experienced Mid-Level Attorney with a minimum of five, (5) years of business and transactional experience for our Sacramento, California office. The attorney will handle various transactional matters related to business development, including the preparation and negotiation of confidentiality agreements, engagement letters, term sheets, letters of intent, credit facilities, definitive agreements and disclosure documents. The attorney will also oversee corporate organization and formalities of business entities.
Requirements include:
- Juris Doctorate degree from an ABA accredited law school.
- Status as an active member in good standing of the bar for the state of California.
- Minimum of five (5) years of corporate law.
- Excellent analytical, research and writing skills.
- Polished and effective negotiation, communication and drafting skills, including those suitable for interaction with very senior managers and executives.
- Proven ability to initiate and follow-up actions with minimal supervision.
- Working with cross-functional colleagues to negotiate and close transactions.
You must be logged in to post a comment.