sovereign immunity

California COA Reverses Yavapai-Apache Nation v. La Posta Band of Diegueño Mission Indians

Matthew L.M. Fletcher

Here are the materials:

Unpublished Opinion.PDFDownload
La Posta Opening Brief.pdfDownload
YAN Response Brief.pdfDownload
La Posta Reply.pdfDownload
La Posta Supplemental Brief.pdfDownload
YAN Supplemental Brief.pdfDownload

Massachusetts Federal Court Declines to Dismiss Suit against Tribal Lending Business Partner

Matthew L.M. Fletcher

Here are the materials in Duggan v. Martorello (D. Mass.):

118 Second Amended Complaint.pdfDownload
125 Martorello Motion to Dismiss.pdfDownload
136 Duggan Opposition to Martorello Motion.pdfDownload
143 Reply in Support of Martorello Motion.pdfDownload
168 Duggan Surreply re Martorello Motion.pdfDownload
196 Martorello Supplemental Brief re 124.pdfDownload
197 Duggan Response to 196.pdfDownload
200 Rule 19 Motion to Dismiss.pdfDownload
204 Duggan Response to Rule 19 Motion.pdfDownload
218 Martorello Reply re Rule 19 Motion.pdfDownload
219 Duggan Surreply re Rule 19 Motion.pdfDownload
226 MJ Order on Judicial Estoppel Motion.pdfDownload
232 MJ Order Denying Rule 19 Motion.pdfDownload
233 MJ Order Denying Martorello Motion.pdfDownload

Split Ninth Circuit Affirms Tribal Immunity in Banishment Case, Remands for Reconsideration of Section 1983 Claims against Tribal Officials

Matthew L.M. Fletcher

Here is the opinion in Oertwich v. Traditional Village of Togiak.

Togiak fish drying

Briefs here.

Eighth Circuit Restores Civil Rights Suit Brought by Water Protector Shot in Eye by North Dakota Cops [can I say pigs here? nah, I’m a pescaterian, BUT when even the Cato Institute wants you to lose maybe it’s right]

Matthew L.M. Fletcher

Here is the opinion in Mitchell v. Kirchmeier.

Diné Water Protector, Marcus Mitchell, in January 2017 at Standing Rock, ND. Photo: Hal Myers

Briefs:

Opening Brief.pdfDownload
NCAI Brief.pdfDownload
First Amendment Scholars Brief.pdfDownload
Cato Institute Brief.pdfDownload
Institute for Justice Amicus Brief.pdfDownload
Howard Civil Rights Clinic Amicus.pdfDownload
County Response Brief.pdfDownload
Kennelly Response Brief.pdfDownload
Reply.pdfDownload

Florida COA Affirms Immunity of Tribal Official Acting within Scope of Authority

Matthew L.M. Fletcher

Here is the per curiam opinion in Ulizio v. MMMG LLC:

opinionDownload

MCN Supreme Court Decides Thlopthlocco Tribal Town v. Anderson

Matthew L.M. Fletcher
doc.-19-order-and-opinion-02282022Download
Annual Report of Extension and Industry, Five Civilized Tribes, Muskogee, OK, 1940

Louisiana Federal Court Dismisses Civil Rights Suit against Chitimacha by Former Casino CFO

Matthew L.M. Fletcher

Here are the materials in Spivey v. Chitimacha Tribe of Louisiana (W.D. La.):

1 Complaint

16-1 Motion to Dismiss

20 Opposition

23 Reply

24 Magistrate Report

27 DCT Order

St. Mary and Franklin Banner Tribune, 2/18/2016
Morgan City Daily Review, 10/6/2016

Cert Petitions Filed on Habematolel Pomo of Upper Lake Internet Lending

Matthew L.M. Fletcher

Here is the petition in Treppa v. Hengle:

treppa-petitionDownload

Appendix

Treppa Application for Stay

Hengle Opposition

Reply

Questions presented:

  1. Whether a court can invalidate an agreement to have an arbitrator resolve questions of arbitrability (a “delegation clause”) based on the court’s interpretation of a separate choice-of-law provision.
  2. Whether sovereign immunity bars private plaintiffs from suing tribal government officials, in their official
    capacities, for alleged violations of state law

Lower court materials here.

In the tule swamp–upper lake Pomo [LOC]

Here is the petition in a related case, Asner v. Hengle:

asner-petition-and-appendixDownload

Question presented:

Can a federal court refuse to enforce the delegation clause of an arbitration agreement on the ground that a choice-of-law provision applicable to the arbitration agreement as a whole prospectively waives federal rights?

Materials in Cedarville Rancheria Claim to Immunity under Bankruptcy Act

Matthew L.M. Fletcher

Here are materials in In re Diven (E.D. Cal. Bkrcy.):

86 Diven Motion for Sanctions

111 Amended Opposition to Motion for Sanctions (FINAL)

114 Debtors Reply

116 Diven Decision

117 Order on Sanctions

Delegation representing 20,000 Californian Indians meeting with Senator Hiram Johnson: Photograph shows a delegation of eight Native American men from California representing 300 tribes and bands of Californian Indians meeting with Senator Johnson during visit to Congress to petition them to honor the Lost Treaties of 1851 and 1852; delegation members include Alfred C. Gillis (Wintun), Thomas H. Billings (Scotts Valley), Harrison Diaz (Paiute), William Fuller (Me-Wuk), Frank Isles (Klamath), Stephen Night (Ukiah), Albert Wilder (Central Klamath).  [LOC]
joint-petition-for-permission-to-appeal-under-28-usc-158d2a-1.21.22-with-exhibit-a-final-1Download

Michigan Federal Court Declines to Enjoin State Court Action against Kewadin Casinos [Sault Tribe]

Matthew L.M. Fletcher

Here are the updated materials in Kewadin Casinos Gaming Authority v. Draganchuk (W.D. Mich.):

10 Response to Motion.pdfDownload
11 Reply.pdfDownload
15 DCT Order.pdfDownload

Prior post here.

Law360 reports the state court held the tribe in contempt for failure to respond to discovery requests. Everyone’s got a litigation strategy, I guess. You can watch the hearing below.

Sault Ste. Marie, MI