sovereign immunity

Ameriloan v. Superior Court — Tribal Sovereign Immunity & Instant Loan Companies

Matthew L.M. Fletcher2 Comments

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

Matthew L.M. Fletcher

Here is the opinion, unpublished, from the Tenth Circuit.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

Matthew L.M. Fletcher

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:

hall-v-mississippi-band-magistrate-report

hall-v-mississippi-band-dct-judgment

Boomer v. Tulalip Tribes — Tribal Sovereign Immunity

Matthew L.M. Fletcher

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.

Tenth Circuit Affirms Immunity for Tribal Business Arms

Matthew L.M. Fletcher1 Comment

In Native American Distributing v. Seneca-Cayuga Tobacco Co., the Tenth Circuit affirmed a district court order dismissing a claim against the company, a wholly owned business of the Seneca-Cayuga Indian Tribe. A closer question was whether the tribe’s officers might be individually liable under Ex parte Young, but the plaintiffs did not properly plead a claim against them in their individual capacities.

Here are the briefs.

And the opinion: native-american-distributing-ca10-opinion

Ninth Circuit Affirms Immunity of Tribally Chartered Corporation

Matthew L.M. Fletcher2 Comments

In Cook v. Avi Casino, a divided Ninth Circuit panel held that a dram shop action against Avi Casino Enterprises, a wholly owned corporation owned by the Fort Mohave Indian Tribe and chartered under the laws of the tribe, was barred by sovereign immunity. The panel split over the question of whether the federal court had jurisdiction over the claim on the basis of diversity.

cook-opening-brief

avi-casino-brief

cook-v-avi-casino-ca9-opinion

Kalispel v. Moe — Moe Motion for New Trial Denied

Matthew L.M. Fletcher

We reported the earlier decision in this case, involving the sovereign immunity of the Kalispel Tribe in a counterclaim against it here. The counter-claimants sought a new trial on the question after the counterclaims were dismissed. The denial of the motion is here:

kalispel-v-moe-dct-order-on-motion-for-new-trial

Standing Rock Housing Authority v. EEOC — TRO Case against Administrative Subpoena Dismissed

Matthew L.M. Fletcher

This case involved an administrative subpoena issued by the EEOC against the Standing Rock Housing Authority over claims of sex discrimination. The District of North Dakota declined to quash the subpoena on the grounds that the case was not ripe.

standing-rock-complaint

eeoc-motion-to-dismiss

standing-rock-response

eeoc-reply-brief

standing-rock-v-eeoc-dct-order

Tyson Foods Asserts Rights of Cherokee Nation as Defense to Environmental Suit

Matthew L.M. Fletcher1 Comment

Here’s an interesting Rule 19 motion — the State of Oklahoma has sued Tyson Foods and other poultry producers over the pollution of the Illinois River (news article here). The defendants now claim that the Cherokee Nation owns the riverbed and are therefore indispensable parties to the suit, mandating the dismissal of the suit if the Nation refuses to be joined as a party. (H/T Todd)

oklahoma-v-tyson-foods-amended-complaint

tyson-foods-rule-19-motion

Tribal Judicial Immunity in Federal Criminal Cases

Matthew L.M. Fletcher

In U.S. v. Wahtony, the District of Idaho held that a federal criminal defendant’s subpoena of a tribal judge’s background must be quashed on sovereign immunity grounds.

shoshone-bannock-motion-to-quash

wahtomy-response-brief

shoshone-bannock-reply-brief

us-v-wahtomy-dct-order