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.).
sovereign immunity
Nahno-Lopez v. Houser — Land Claim against Fort Sill Tribal Council
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.
Garland v. Choctaw Casino — Sovereign Immunity Case
Here are the materials in Garland v. Choctaw Casino (E.D. Okla.), dismissed on sovereign immunity grounds:
Stroud v. Armenta — Employment Claim Dismissed in State Court on Sovereign Immunity Grounds
Here are the materials in Stroud v. Armenta (opinion here), an unpublished case decided by the California Court of Appeals involving the Santa Ynez Band of Chumash Indians:
Suit re: Tribal Police Tort Claim Dismissed
The case is Wallulatum v. Warm Springs Confederated Tribes (D. Or.). Here are the materials:
Complaint of Former Chief Judge of the Standing Rock Sioux Tribe Dismissed
The case is Miner v. Standing Rock Sioux Tribe (D. N.D.). Here are the materials:
Miner Motion for Summary Judgment
[no response]
Miner Response to Motion to Dismiss
Miner v Standing Rock DCT Opinion
North Carolina ex rel. Cooper v. Seneca-Cayuga Tobacco — Tribal Sovereign Immunity Case
The AG for the State of North Carolina cannot enforce portions of the Master Settlement Agreement against an Indian tribe, due to the tribe’s immunity. Here is the opinion from the North Carolina Court of Appeals, and the materials:
Supreme Court Denies Cert in Two Indian Law Cases
API v. Sac & Fox — Cross-Motions Pending
The case is ATTORNEY’S PROCESS AND INVESTIGATION SERVICES, INC. v. SAC & FOX TRIBE OF THE MISSISSIPPI IN IOWA.
After having been reopened (see our post here), post-tribal remedies exhaustion, the tribe filed a motion to dismiss, and the plaintiffs filed a motion for summary judgment. Both are pending after the court’s order to allow amendment of some of the pleadings.
API Resistance to Motion to Dismiss
Supreme Court Denies Cert in Indian Law Cases Today
The Supreme Court denied cert in two petitions captioned Cook v. Avi Casino Enterprises (Nos. 08-929, 08-930). It’s on page 4 of this order list.
This is good news for Indian Country (and for my student writing a paper on this subject — you reading this, J.?). There is a split of authority on the question of whether tribal business enterprises are immune from suit in a state law dram shop action, as we have discussed before. But I’m guessing the Court thinks it’s either unimportant or too much a state law question, since each state has its own version of dram shop laws and applies its own understanding of tribal sovereign immunity. But who knows….
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