sovereign immunity

N.M. Court of Appeals Dismisses Tort & Privacy Claims against Tribe

Matthew L.M. Fletcher

Here is the New Mexico Court of Appeals opinion in Holguin v. Tsay Corp. An excerpt:

We can see no basis on which the district court could have appropriately denied Tsay’s motion to dismiss as to the two counts of invasion of privacy. Holguin has presented no argument or authority that overcomes the controlling law requiring physical injury or damage. We are unpersuaded by Holguin’s argument that use of his name and likeness is no different than if he were robbed of his jewelry and money at gunpoint. We leave that hypothetical, which, unlike the present case, involves threat, risk, and potential of physical harm, for another day. Presently, we are dealing solely with an alleged emotional injury resulting from an alleged inchoate, incorporeal invasion of his privacy. We cannot characterize Holguin’s claim as one for damages for physical injury to himself or physical damage to property, and thus cannot characterize the claim as one for bodily injury or property damage.

Absentee Shawnee Attempt to Dismiss State Court Bittle v. Bahe Litigation Fails

Matthew L.M. Fletcher

Here is the district court order in Absentee Shawnee v. Combs (W.D. Okla.) — Absentee Shawnee DCT Order.

The tribe had been the defendant in Bittle v. Bahe, in which the Oklahoma Supreme Court held 7-2 that dram shop actions filed against tribal casino operations are not barred by tribal sovereign immunity. The tribe brought this action in federal court to force the dismissal of the state court action, but failed. Here are the materials:

Combs Motion to Dismiss

Absentee Shawnee Response to Combs

Bittle Motion to Dismiss

Absentee Shawnee Response to Bittle

Sports Law and Indian Country

Matthew L.M. Fletcher

Here is Gabe Galanda’s new article on doing sports business in Indian Country — Entertainment and Sports Lawyer

Seneca Allowed to File Amicus in Challenge to Seneca Gaming Laws

Matthew L.M. Fletcher

Here is the district court order in Warren v. United States (W.D. N.Y.) — DCT Order re Seneca Amicus Motion

Seneca Motion for Leave & Amicus Brief

BLT: Government Moves to Dismiss Geronimo/Skull and Bones Case

Matthew L.M. Fletcher2 Comments

Here is the motion — Obama Motion to Dismiss

From BLT:

Justice Department lawyers have moved to dismiss claims against the government in a lawsuit over the remains of the legendary Apache warrior Geronimo.

In February, a group of Native Americans claiming to have descended from the 19th century military leader sued the government, as well as Yale University and the Order of the Skull and Bones, in an attempt to retrieve Geronimo’s remains. After his death in 1909, Geronimo’s body was buried at the Fort Sill United States Army Base in Lawton, Oklahoma. But according to popular lore, members of the Yale secret society broke into his tomb and stole his skull, which it now keeps on display in New Haven.

Continue reading →

Washington Appellate Court Rejects Tribal Immunity in Land Case

Matthew L.M. Fletcher1 Comment

Here is the opinion in Smale v. NORTEP, a Washington Court of Appeals (Div. 1) case involving the Stillaguamish Tribe. Here is an excerpt:

The Smales sought to quiet title to property they claimed they had acquired through adverse possession and named Noretep, the original non-Indian owners, as defendants. After the Smales sued, Noretep deeded the disputed property to the Stillaguamish Tribe of Indians (the Tribe), and the Smales named the Tribe as a defendant. In its unsuccessful motion to dismiss, the Tribe claimed that tribal sovereign immunity deprived the superior court of subject matter jurisdiction. Because courts exercise in rem jurisdiction over the property subject to quiet title actions, our Supreme Court has held that transferring the disputed property to a tribal sovereign does not bar the continued exercise of subject matter jurisdiction over the property. Accordingly, we hold that the superior court’s continuing jurisdiction over the land claimed by the Smales for the purposes of determining ownership does not offend the Tribe’s sovereignty.

United Keetoowah Claim against IHS Dismissed on Rule 19 Grounds

Matthew L.M. Fletcher

Here are the materials over this dispute where the IHS transferred an Indian health facility to the Cherokee Nation, over United Keetoowah’s objections. The case is United Keetoowah Band v. Kempthorne (E.D. Okla.).

United States Motion to Dismiss

UKB Response Brief

United States Reply Brief

United Keetoowah v Kempthorne DCT Order

Nahno-Lopez v. Houser — Land Claim against Fort Sill Tribal Council

Matthew L.M. Fletcher1 Comment

Here are the materials in this claim against the Fort Sill Apache Tribal Council in their individual capacities. The claims are by Kiowa and Comanche tribal members. The Western District of Oklahoma concluded that the claims may proceed against the tribal council in their individual capacities.

Nahno-Lopez DCT Order

Houser Motion to Dismiss

Houser Motion to Strike

Nahno-Lopez Response Brief

Houser Reply Brief

Houser Motion to Strike

Garland v. Choctaw Casino — Sovereign Immunity Case

Matthew L.M. Fletcher

Here are the materials in Garland v. Choctaw Casino (E.D. Okla.), dismissed on sovereign immunity grounds:

Choctaw Motion to Dismiss

Garland v Choctaw Casino DCT Order

Stroud v. Armenta — Employment Claim Dismissed in State Court on Sovereign Immunity Grounds

Matthew L.M. Fletcher1 Comment

Here are the materials in Stroud v. Armenta (opinion here), an unpublished case decided by the California Court of Appeals involving the Santa Ynez Band of Chumash Indians:

Stroud Appellant Brief

Armenta Respondent Brief

Stroud Reply Brief