sovereign immunity – Page 61

California v. Pauma Band Cert Petition

March 21, 2016March 21, 2016Matthew L.M. Fletcher2 Comments

Here is the petition in California v. Pauma Band of Luiseño Mission Indians of the Pauma and Yuima Reservation:

Question presented:

In Edelman v. Jordan, 415 U.S. 651 (1974), this Court held that a waiver of state sovereign immunity must be “stated ‘by the most express language or by such overwhelming implication from the text as will leave no room for any other reasonable construction.’” Id. at 673 (alteration omitted). This case concerns a gaming compact between the State of California and the Pauma Band of Luiseno Mission Indians of the Pauma and Yuima Reservation. Both parties waived their sovereign immunity from suits arising under the compact, but only to the extent that “[n]either side makes any claim for monetary damages (that is, only injunctive, specific performance, including enforcement of a provision of this Compact requiring payment of money to one or another of the parties, or declaratory relief is sought) . . . .” App. 28a. A divided panel of the Ninth Circuit held that this limited waiver, which also appears in gaming compacts between California and 57 other tribes, waived the State’s immunity with respect to an award of $36.2 million in restitution.

The question presented is: Whether, under Edelman, the language of the limited waiver—which expressly excludes claims for “monetary damages” and references only injunctive relief, specific performance, and declaratory relief— waived the State’s sovereign immunity with respect to the district court’s monetary award.

Lower court materials here (panel, en banc).

Ninth Circuit Rejects Alaska’s Effort to Condemn Alaska Native Allotments

March 14, 2016March 14, 2016Matthew L.M. Fletcher

Here are the materials in State of Alaska v. United States:

CA9 Opinion

An excerpt:

The panel affirmed the district court’s dismissal of quiet title and declaratory judgment claims for lack of subject matter jurisdiction, and vacated the dismissal of a condemnation claim in a case involving a land dispute between the State of Alaska and two Alaska Natives, Agnes and Anne Purdy, concerning ownership of rights-of-way for four public trails that cross the Purdys’ land.

The Purdys acquired ownership of the parcels in question under the Alaska Native Allotment Act through allotments by the federal government. The State of Alaska contended that the allotments were subject to rights-of-way for four trails. Federal statute R.S. 2477, repealed in 1976, granted rights of way over public lands; it was self-executing; acceptance of a grant was determined by state law; and under Alaska law an R.S. 2477 grant could be accepted through public use.

Addressing the State of Alaska’s Quiet Title Act claim, the panel held that the State of Alaska’s quiet title claim was barred. The panel held that the United States was a necessary party to the claim because it held an interest in the Purdys’ allotments (by virtue of the restraint on alienation), and recognition of the R.S. 2477 rights-of-way would impair the United States’ interest. The panel further held that the United States had not waived its immunity from suit pursuant to the Quiet Title Act’s Indian lands exception, which preserves the United States’ immunity from suit when the United States claims an interest based on that property’s status as trust or restricted Indian lands.

The panel concluded that the district court properly dismissed the claim for lack of subject matter jurisdiction. The panel held that the district court correctly dismissed the State of Alaska’s claim for declaratory relief under 28 U.S.C. § 2201, which sought essentially the same relief as the quiet title claim.

Addressing the State of Alaska’s condemnation claim against the Purdys and the United States under 25 U.S.C. § 357, the panel held that although the district court had subject matter jurisdiction to hear the State’s condemnation claim, the claim could not proceed as pleaded. The panel held that the United States was an indispensable party to the claim. The panel further held that the district court erred in dismissing the claim on the ground that the United States had not waived its sovereign immunity because Congress waived the government’s immunity with respect to such claims. The panel also held that the United States’ express consent to the condemnation claim was not required. The panel concluded that the State improperly pleaded its condemnation claim, and remanded so that the State may be given an opportunity to amend the claim if it so chooses.

Opening Brief

Purdy Brief

Tanana Chiefs Conference Brief

US Brief