sovereign immunity

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Unpublished Opinion.pdfDownload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Here is the unpublished opinion in Mapp v. Viejas Band Of Kumeyaay Indians (Cal.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.

California COA Briefs in Yavapai-Apache v. La Posta

Matthew L.M. Fletcher

Here:

La Posta Opening Brief.pdfDownload
Yavapai Apache Response Brief.pdfDownload
Calif Gambling Commission Response Brief.pdfDownload
Reply.pdfDownload

Prior post here.

California Federal Court Dismisses Suit by Treatment Center against Salt River

Matthew L.M. Fletcher

Here are the materials in Dedicato Treatment Center Inc. v. Salt River Pima Maricopa Indian Community (C.D. Cal.):

22 DCT Order Dismissing under Rule 19.pdfDownload
24 First Amended Complaint.pdfDownload
36-1 Motion to Dismiss.pdfDownload
38 Opposition.pdfDownload
39 Reply.pdfDownload
40-1 Motion for Sanctions.pdfDownload
42 DCT Order.pdfDownload

Federal and Tribal Briefs in Opposition in Klamath Irrigation District v. Bureau of Reclamation

Matthew L.M. Fletcher

Here:

Federal Brief in Opposition.pdfDownload
Hoopa & Klamath Brief in Opposition.pdfDownload
This is the Trinity River @ Hoopa

Cert petition and other materials here.