Here is the petition — cook-v-avi-casino-enterprises-cert-petition
Here are the lower court materials (previously posted).
sovereign immunity
Murphy v. Kickapoo Tribe — CA10 Affirms Dismissal of Employment Claims
Here is the unpublished opinion. An excerpt:
Terry Murphy and Roger Lackey brought breach of contract, retaliatory discharge, and fraud claims against the Kickapoo Tribe of Oklahoma (“the Tribe”) in the United States District Court for the Western District of Oklahoma. Their claims were dismissed by the district court for lack of jurisdiction based on tribal sovereign immunity. We affirm the dismissal because the district court lacked subject matter jurisdiction to consider the plaintiffs’ claims, which arise solely under state law.
Oklahoma Supreme Court Allows Tort Claims against Cherokee Nation in State Court under Gaming Compact
Here is the opinion in Cossey v. Cherokee Nation Enterprises from the Oklahoma Supreme Court, with several concurrences and dissents. And here are the briefs:
Chisely v. Barona Band of Mission Indians — Tribal Sovereign Immunity
Here is an unpublished decision in the California Court of Appeals, 4th District, affirming the quashing of a subpoena against the Barona Band.
Alhameed v. Grand Traverse Resort and Casinos — Immunity from Private Suits under Immigration Statute
alhameed-v-grand-traverse-resort
The ALJ held that a tribally owned business enterprise is immune from a private suit under 8 U.S.C. sec. 1324b.
Bressi v. Ford Update — FTCA and Sovereign Immunity Case
Here are the briefs in Bressi v. Ford, a claim pending in the Ninth Circuit against Tohono O’odham Nation police officers.
The lower court opinion and the opening brief were posted earlier here.
Ameriloan v. Superior Court — Tribal Sovereign Immunity & Instant Loan Companies
Here is the opinion from the California Court of Appeals in Ameriloan v. Superior Court — ameriloan-v-superior-court-opinion
This appears to be a case similar to one decided recently in the Colorado Court of Appeals, Colorado v. Cash Advance, the so-called “Rent-A-Tribe” case. There, as in this case, the state appellate court reversed a lower court decision not to quash a summons against these instant loan companies, or payday lenders. The legal theory was, and is, that the company is owned by an Indian tribe and therefore immune from suit in state court.
This case involves the Miami Tribe of Oklahoma and the Santee Sioux Tribe, the same tribes involved in the Colorado case.
Cohen v. Winkelman — Tenth Circuit Affirms Dismissal of ICRA Claim against Tribal College
Here is the opinion, unpublished, from the Tenth Circuit. The court affirmed the dismissal of the claim, which was a claim of wrongful employment termination, on the basis of tribal sovereign immunity. The court specifically rejected the so-called Dry Creek Lodge exception.
Civil Rights Complaint against Mississippi Band Choctaw Jail Dismissed
The case is Hall v. Mississippi Band of Choctaw Indians, from the Northern District of Mississippi. The magistrate first asserted that the Band is immune from suit, but still offered a report on the merits, finding in favor of the defendants.
Here are the materials:
Boomer v. Tulalip Tribes — Tribal Sovereign Immunity
In Boomer v. Tulalip Tribes, the Washington Court of Appeals affirmed the dismissal of a slip-and-fall tort action against a tribe on the grounds of sovereign immunity. The court rejected the so-called Dry Creek Lodge exception, as well. The Tulalip Tort Claims Act waives tribal immunity for such claims in tribal court.
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