sovereign immunity

Response Brief in Lomeli v. Kelly

Matthew L.M. Fletcher

Here:

Lomeli v Kelly COA Contempt Response Brief of Appellees

Update in Black v. US — Tort Claims Related to Shooting by Tribal Police

Matthew L.M. Fletcher1 Comment

Here are the updated materials in Black v. United States (W.D. Wash.):

39 Amended Complaint

46 Kitsap County Motion to Dismiss

53 Joint Tribal Motion to Dismiss

62 DCT Order Dismissing Kitsap County Sheriff’s Office

Only the tribal defendants remain in the case. Prior post on this matter here.

Student Commentary on Michigan v. Bay Mills Indian Community

Matthew L.M. Fletcher

Here, in the Duke Journal of Constitutional Law & Public Policy Sidebar. Titled A Tradition of Sovereignty: Examining Tribal Sovereign Immunity in Bay Mills Indian Community v. Michigan, written by Meredith L. Jewitt.

Tribal Immunity Panel at Fed Bar 2014

Matthew L.M. Fletcher

Patrice Kunesh, Bill Wood, Elizabeth Conway, Jenn Weddle

20140411-102404.jpg

Incidentally, Bill Wood’s paper, It Wasn’t An Accident: The Tribal Sovereign Immunity Story, is here.

Federal Court Dismisses Alabama v. PCI Gaming Authority

Matthew L.M. Fletcher2 Comments

Here are the materials in State of Alabama v. PCI Gaming Authority (M.D. Ala.):

1 PBCI Notice of Removal + Exhibits

14 PBCI Motion to Dismiss

17 Alabama Opposition

21 US Amicus Brief

31 Alabama Response to US Amicus

33 Michigan Amicus Brief

35 Poarch Band Reply

43 Order Granting Motion to Dismiss

Federal Court Challenge to Oglala Sioux Tribal Government Dismissed

Matthew L.M. Fletcher2 Comments

Here are the materials in Lee v. Cleve Her Many Horses (D.S.D.):

29 Motion to Dismiss Individual Defendants

32 Opposition to Motion to Dismiss Individual Defendants

34 Motion to Dismiss for Lack of Jurisdiction

36 Reply in Support of Motion to Dismiss Individual Defendants

46 Opposition to Motion to Dismiss for Lack of Jurisdiction

49 DCT Order

Caddo Nation Leadership Dispute in Federal Court

Matthew L.M. Fletcher2 Comments

Here are the materials in Caddo Nation of Oklahoma v. Court of Indian Offenses for the Anadarko Agency (W.D. Okla.):

1 Complaint

1-7 Petn for Emergency TRO

1-8 CIO Emergency TRO

2 Plaintiff Motion for TRO

8 Plaintiff Supplemental Brief

9 DCT Order

Federal Court Requires Exhaustion of Tribal Remedies in ICRA Habeas Claim

Matthew L.M. Fletcher1 Comment

Here are the materials in Styliest v. Rosebud Sioux Tribe (D.S.D.):

1 Habeas Petition

5 DCT Order Denying Habeas Writ

The Eighth Circuit denied petitioner’s direct appeal of his federal conviction here.

Federal Court Refuses to Dismiss Suit against Alaska Assn. of Village Presidents on Immunity Grounds

Matthew L.M. Fletcher1 Comment

Here are the materials in Eaglesun Systems Products Inc. v. Association of Village Council Presidents (N.D. Okla.):

22 Motion to Dismiss

25 Opposition

33 Reply

41 DCT Order Denying Motion to Dismiss

An excerpt:

Now before the Court are the following motions: Defendant’s Motion to Dismiss (Dkt. # 22), Plaintiff’s Motion to Strike (Dkt. # 27), and Plaintiff’s Motion for Jurisdictional Discovery (Dkt. # 36). Defendant Association of Village Council Presidents (AVCP) argues that it has sovereign immunity from suit because all of its members are federally-recognized Indian tribes and AVCP was created to provide governmental services for its members. Plaintiff Eaglesun Systems Products, Inc. responds that AVCP is a non-profit corporation organized under state law, and it is not entitled to sovereign immunity as an Indian tribe or as a tribal organization. Plaintiff also requests leave to conduct jurisdictional discovery before the Court rules on defendant’s motion to dismiss.

Pro Se Contract Claim against Seminole Tribe Dismissed

Matthew L.M. Fletcher

Here are the materials in Wallace v. Askar (M.D. Fla.):

1 Claim

4 DCT Order Dismissing Suit