United Keetoowah Claim against IHS Dismissed on Rule 19 Grounds

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

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

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

Here are the materials in Stroud v. Armenta (opinion here), an unpublished case decided by the California Court of Appeals involving the Santa Ynez Band of Chumash Indians: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

Suit re: Tribal Police Tort Claim Dismissed

The case is Wallulatum v. Warm Springs Confederated Tribes (D. Or.). Here are the materials:

Wallulatum DCT Order

Warm Springs Motion to Dismiss

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]

SRST Motion to Dismiss

Miner Response to Motion to Dismiss

SRST Reply Brief

Miner v Standing Rock DCT Opinion

SRST Administrative Order for Dismissal

SRST Supreme Court Order

SRST Tribal Court Order

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:

North Carolina Brief

Seneca-Cayuga Brief

Supreme Court Denies Cert in Two Indian Law Cases

The cases are Marceau v. Blackfeet Housing Authority (No. 08-881) and Seneca v. USET (No. 08-1127). The SCOTUS order list is here (see page 3 for these cases).

Our posts on Marceau are here and here and here and here. And our posts on the Seneca case are here and here.

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.

DCT Order on Motion to Amend

Sac & Fox Motion to Dismiss

API Resistance to Motion to Dismiss

Sac & Fox Reply

API Motion for Summary Judgment

Sac & Fox Resistance to Motion for Summary J

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….