sovereign immunity

Second Circuit Affirms Cayuga Immunity from Seneca County Tax Foreclosure Relying on Bay Mills Decision

Matthew L.M. Fletcher4 Comments

Here are the materials in Cayuga Indian Nation v. Seneca County:

Seneca County Opening Brief

Cayuga Indian Nation Brief

Seneca County Reply

New York AG Brief

US DOJ Brief

CA2 Opinion

The syllabus:

Appeal from a district court order preliminarily enjoining Seneca County from foreclosing upon certain parcels of the Cayuga Indian Nation of New York’s real property to satisfy unpaid ad valorem property taxes. We conclude, in light of recent Supreme Court guidance, that tribal sovereign immunity from suit bars the County’s proceedings against the Nation and therefore AFFIRM the order of the district court.

Lower court materials are here.

Briefs in Mackinac Tribe v. Jewell (Complaint for Federal Recognition)

Matthew L.M. Fletcher1 Comment

Here:

7-1 US Motion to Dismiss

10 Tribe Opposition

12 US Reply

Complaint is here.

Federal Court Rules Tribal Officers Not Immune; Tort Claims May Proceed against Tribal Police (Black v. US)

Matthew L.M. Fletcher

This is the third ruling in Black v. United States (W.D. Wash.):

53 Joint Tribal Motion to Dismiss

69 Black Response

77 Joint Tribal Reply

83 DCT Order

Claims against the tribes are dismissed. The court dismissed Kitsap County here. And the US here.

Voluntary Dismissal Order in Begay v. Begay

Matthew L.M. Fletcher

Here:

AZ Dist Ct Notice of Voluntary Dismissal

Prior posts here, here, and here.

Michigan’s Response to Sault Tribe Renewed Motion to Dismiss

Matthew L.M. Fletcher

Here are updated materials in State of Michigan v. Sault Ste. Marie Tribe of Chippewa Indians (W.D. Mich.):

53-1 Michigan Motion to Revise DCT Order Dismissing Tribal Officials

55 Michigan Response to Motion to Dismiss

Sault Tribe’s motion is here.

Tenth Circuit Supplemental Briefs in Oklahoma v. Hobia re: Bay Mills Decision

Matthew L.M. Fletcher1 Comment

Here:

Oklahoma Supplemental Brief re Bay Mills

Tribal Supplemental Brief re Bay Mills

The Tenth Circuit previously abated this matter pending the outcome in Michigan v. Bay Mills.

Opening Eleventh Circuit Briefs in Alabama v. PCI Gaming

Matthew L.M. Fletcher

Here:

Alabama Opening Brief

State of Michigan et al. Amicus Brief

Lower court materials here.

Florida Appellate Court Vacates $4.1M Judgment against Miccosukee Tribe

Matthew L.M. Fletcher

Here is the opinion in Miccosukee Tribe v. Bermudez (Fla. App.):

3D13-2153

We posted on two prior Florida appellate opinions related to this matter (there are apparently ten overall) here and here.

H/T Pechanga.

Federal Court Denies TRO in Begay v. Begay

Matthew L.M. Fletcher1 Comment

Here:

28 NNOGC-Begay-DKT-0028-000 ME Order Denying TRO

Prior posts here and here.

Update in Begay v Begay

Matthew L.M. Fletcher2 Comments

Here:

17 NNOGC Motion for Leave to File Amicus Brief

17-1 NNOGC Amicus Brief

17-2 Exhibits A-D

17-3 Exhibits E-O

17-4 Exhibits P-T

19 Navajo Nation Motion to Intervene

20 Navajo Nation Motion to Dismiss

21 NNOGC-Begay-DKT-0021-000 Defs Response in Opp to Plfs App for TRO and OSC-Filed 7-2-14

21-1 NNOGC-Begay-DKT-0021-001 Exh A-C to Defs Response in Opp to Plfs App for TRO and OSC-Filed 7-2-14

Complaint and motion for TRO posted here.