sovereign immunity – Page 93

Pro se pleadings are liberally construed. … Unless it is clear that no amendment can cure the defects of a complaint, a pro se plaintiff proceeding in forma pauperis is entitled to notice and an opportunity to amend before dismissal. … The court is unable to determine a jurisdictional basis for this action as presently written. Defendants Mooretown Rancheria, Feather Falls Casino, Gary Archuleta, and Francine McKinley are immune from this suit due to Mooretown Rancheria’s soverign immunity, or extension thereof. Also, any allegation made by plaintiff against defendant Rasmussen is wholly insubstantial and frivolous.

However, in the recent case of Maxwell v. County of San Diego, 697 F.3d 941, 954-955 (9th Cir. 2012), the Ninth Circuit refused to extend Cook v. AVI Casino to actions against tribal officials in their individual capacity. It is possible, although doubtful when viewing the present allegations, that plaintiff could amend the complaint to state individual actions.

Because the court lacks jurisdiction over the action as presently pled, the undersigned will not at this time reach any alternative arguments on the merits as if it had jurisdiction.

Federal Court Denies Tribal Intervention Motions in KG Urban v. Patrick

June 10, 2013Matthew L.M. Fletcher2 Comments

Here is that order:

DCT Order Denying Intervention

The intervention motions are here.

Second Circuit Affirms Dismissal of Gambling Addict’s Suit against Foxwoods

June 5, 2013June 5, 2013Matthew L.M. Fletcher

Here is the order in Tassone v. Foxwoods Resort Casino:

CA2 Summary Order

Briefs are here.

Lower court materials here.

Tort Claims Styled as Compact Breach against Barona Band Dismissed

June 4, 2013Matthew L.M. Fletcher

Here are the materials in Nasella v. Barona Valley Ranch Resort and Casino (S.D. Cal.):

DCT Order Granting Motion to Dismiss

Barona Valley Motion to Dismiss

Nasella Complaint

NCAI Amicus Brief in Rape v. Poarch Band

June 4, 2013Matthew L.M. Fletcher1 Comment

Here:

NCAI Amicus Brief

Prior materials here.

Another Nooksack Membership Update

June 4, 2013Matthew L.M. Fletcher2 Comments

Additional materials in Lomeli v. Kelly (Nooksack Tribal Court):

Order Denying Motion for Stay

Emergency Motion for Stay Pending Appeal

Defendants Response to Plaintiffs Emergency Motion for Stay Pending Appeal

Colorado Order Granting Summary Judgment Against Butch Webb Reinstated

May 24, 2013Matthew L.M. Fletcher

Here:

Amended Order Reinstating the Courts April 15, 2013 Order Granting Plaintiffs Motion for Summary Judgment

Prior post here.

Washington COA Decision Involving Tribal Immunity from State Criminal Subpoenas

May 22, 2013Matthew L.M. Fletcher

Here is the opinion in State v. Youde:

Washington COA Opinion

An excerpt:

This case involves a prosecution for delivery of marijuana. The investigating agency was the police department of the Tulalip Tribes. The Tribes asserted sovereign immunity in response to a defense subpoena for information the Tribes deemed immaterial. Recognizing that a sovereign entity is not subject to compulsory process, the superior court quashed the subpoena. The court then granted the defendant’s motion to dismiss the prosecution under CrR 8.3(b). The State appeals the dismissal. We hold the court abused its discretion by dismissing the case without first determining whether the subpoenaed information was material. Because the record does not support a finding of materiality, we reverse the order of dismissal.

Briefs are here: