sovereign immunity

New Jersey Court Declines to Find Fort Belknap Tribal Business Immune

Matthew L.M. Fletcher

Here are the materials in Ransom v. Greatplains Finance LLC (D.N.J.):

1 Notice of Removal

1-2 State Court Complaint

51-1 Motion to Dismiss

61 Response Brief Sealed

64 Reply

72 DCT Order

California COA Briefs in Tule Lake Committee v. Follis

Matthew L.M. Fletcher

Here:

Opening Brief.pdfDownload
Response Brief.pdfDownload

Florida COA Holds Premature Tort Claim Against Seminole Does Not Foreclose Later Claim within Limitations Period

Matthew L.M. Fletcher

Here are the materials in Seminole Tribe of Florida v. Pupo (Fla. Ct. App.):

Opinion.pdfDownload
Opening Brief.pdfDownload
Answer Brief.pdfDownload
Reply Brief.pdfDownload

Idaho Federal Court Dismisses Suit against Nez Perce Tribal Judiciary

Matthew L.M. Fletcher

Here are the materials in Souther v. Nez Perce Tribe Judicial Services (D. Idaho):

1 Complaint

4-1 Motion to Dismiss

8 Response

9 Reply

11 DCT Order

Ninth Circuit Briefs in L.B. v. United States [sexual assault by tribal police]

Matthew L.M. Fletcher

Here:

Opening Brief.pdfDownload
Federal Answer Brief.pdfDownload
Tribal Amicus Brief.pdfDownload
ACLU Amicus Brief.pdfDownload
Reply.pdfDownload

Other briefs TK.

Here are the federal district court materials:

134 US Motion.pdfDownload
138 L.B. Response.pdfDownload
141 Reply.pdfDownload
149 DCT Order.pdfDownload

Montana SCT decision here.

North Carolina Federal Court Dismisses Employment Action against Harrah’s EBCI Casino [Rule 19]

Matthew L.M. Fletcher

Here are the materials in Peterson v. Harrah’s NC Casino Company LLC (W.D. N.C.):

1 Complaint.pdfDownload
16 Motion to Dismiss.pdfDownload
18 Opposition.pdfDownload
19 Reply.pdfDownload
24 Surreply.pdfDownload
25 DCT Order.pdfDownload

Eighth Circuit Rejects Claims of Standing Rock Protesters Injured by the Police

Matthew L.M. Fletcher

Here is the opinion in Dundon v. Kirchmeier.

Briefs:

Appellant Brief.pdfDownload
Amicus Brief.pdfDownload
Appellee Brief.pdfDownload
Reply.pdfDownload

Washington COA Holds Swinomish Golf Course Possesses Immunity

Matthew L.M. Fletcher

Here are the materials in Howson v. Similk Inc.:

Unpublished Opinion.pdfDownload
846281 Appellant Richard Howson’s.PDFDownload
846281 Respondent ‘s.PDFDownload
846281 Appellant ‘s Reply.PDFDownload

SCOTUS Declines to Review Ninth Circuit’s Rule 19/Tribal Immunity Decision

Matthew L.M. Fletcher

Here is Monday’s order list.

The petition was Klamath Irrigation District v. Bureau of Reclamation: petition and opposition briefs.

California COA Affirms Application of Sovereign Immunity in Employment Termination Dispute

Matthew L.M. Fletcher

Here is the unpublished opinion in Mapp v. Viejas Band Of Kumeyaay Indians (Cal. Ct. App.):

Opinion.PDFDownload

An excerpt:

Mapp’s claims in this case relate to his employment by the Band and its potential termination based on the Band’s provision of a conditional license via its officials. He seeks to allege a violation of Family Code section 5290, which permits assessment of a civil penalty against an “employer” for specified conduct.9 That remedy and any judgment would be expressly against the Band. Mapp’s other damages related to negative employment decisions likewise would effectively obligate the Band, not personally the individuals who were implementing the Band’s gaming license rules and conditions. In short, the Band is the real party in interest, and sovereign immunity extends to the individual defendants.