Here is the pleading in Citizen Potawatomi Nation v. State of Oklahoma (Am. Arb. Assn.):
Application for Interim Injunctive Relief by Citizen Potawatomi Nation
Here is the pleading in Citizen Potawatomi Nation v. State of Oklahoma (Am. Arb. Assn.):
Application for Interim Injunctive Relief by Citizen Potawatomi Nation
Here is the complaint in Rosales v. Dutschke (E.D. Cal.):
An excerpt:
Plaintiffs, WALTER ROSALES and KAREN TOGGERY are Native American residents of San Diego County of one-half or more degree of California Indian blood, and former leaders of the half-blood Indian community, known as the Jamul Indian Village, “JIV,” who until recently lived on the Indian cemetery in Jamul, where their families have lived since the late 1800’s. Rosales and Toggery own and control their families’ human remains and funerary objects that were interred in burial sites below, on, and above the Indian cemetery. Those remains and objects have been feloniously disinterred and desecrated by the Defendants in a race to illegally build a casino on the U.S. government’s portion of the Indian cemetery property before they are stopped and the law is enforced.
Here are the materials so far in State of Kansas v. National Indian Gaming Commission (D. Kan.):
Complaint here.
Here is the opinion in Cosentino v. Fuller:
An excerpt:
For sovereign immunity to apply, the claims against tribal officials must be based on actions the officials took in their official capacity and within the scope of their official authority. An official’s actions that exceed the scope of his or her authority are not protected. Although the parties do not dispute that as members of the tribe’s gaming commission Defendants had the authority to revoke a gaming license if they received reliable information the licensee no longer satisfied the requirements for obtaining a license or had engaged in conduct that reflected poorly upon the tribe or its gaming activities, the record lacks evidence showing Defendants received any such information about Cosentino or an explanation of why they revoked his gaming license. Cosentino, however, presented evidence supporting his claim Defendants exceeded the scope of their authority by revoking his license without cause and in retaliation against him. Sovereign immunity prevents us from inquiring into the reliability of information Defendants may have relied upon in revoking Cosentino’s license or any other errors they may have made, but it does not prevent inquiry into whether Defendants exceeded their authority by using their official position to intentionally harm Cosentino.
Materials in a related Ninth Circuit matter are here.
Here is today’s order list.
Petition here.
Here is the opinion in City of Duluth v. Fond du Lac Band of Lake Superior Chippewa II:
City of Duluth v. Fond du Lac Band of Lake Superior Chippewa 8th Circuit Decision
An excerpt:
We remand to the district court for its reconsideration of the Band’s Rule 60(b)(6) motion and direct it to consider all of the factors outlined here and in our prior remand order. Accordingly, the district court must give proper weight to the congressional intent that tribes be the primary beneficiaries of Indian gaming as well as other relevant factors we have previously identified. These include the facts that the City was on notice in 2009 of relevant actions and policies of the Gaming Commission and its warning in the 2011 Notice of Violation that the tribe would violate IGRA by making further rent payments to the city. As discussed in our prior City of Duluth opinion, such change in the governing law is also relevant to the question of whether an exceptional circumstance compels a grant of Rule 60(b)(6) relief. City of Duluth, 702 F.3d at 1154-55; see In re Pac. Far E. Lines, Inc., 889 F.2d 242 (9th Cir. 1989).
Briefs are here.
Here:
2704764 – CPN-OTC Demand for Arbitration
An excerpt:
The Citizen Potawatomi Nation (“Nation” or “Claimant”), a federally-recognized Indian tribal government, hereby demands arbitration of a dispute between the Nation and the State of Oklahoma (“Oklahoma” or “Respondent”). The Nation seeks:
(1) determination by an arbitrator under AAA Rule R-7 of the arbitrator’s own jurisdiction and the scope of the parties’ arbitration agreement, which is part of the Dispute Resolution procedures within a Tribal-State Gaming Compact that the Nation claims to provide the exclusive means by which Oklahoma may enforce obligations set forth in the Compact;
(2) determination by an arbitrator of whether the Dispute Resolution (including arbitration) procedures of the Compact are the exclusive means by which Oklahoma may seek to enforce against the Nation’s Compact facilities the Nation’s duties imposed to comply with state laws governing sales and service of alcoholic beverages, as imposed by Compact Part 4(I);
Here are the materials in Harris v. San Manuel Band of Mission Indians (C.D. Cal.):
You must be logged in to post a comment.