Federal Court Dismisses Pala Band Membership Claims On Sovereign Immunity Grounds

Here are the materials in Allen v. Smith (S.D. Cal.):

17.1 – Defendants’ Memorandum Supporting Motion to Dismiss

18 – Plaintiffs’ Opposition to Motion to Dismiss

23 – Defendants’ Reply Supporting Motion to Dismiss

26 – Plaintiffs’ Notice of Recent Authorities

28 – Defendants’ Response to Notice of Recent Authorities

31 – Plaintiffs’ Notice of Additional Recent Authorities

33 – Defendants’ Response toNotice of Additional Recent Authorities

36 – District Court Order Dismissing Action

Judge William Q. Hayes of the Southern District of California ruled that sovereign immunity barred claims against the Pala Band of Mission Indians seeking enrollment in the Tribe and money damages. Importantly, the court distinguished the Ninth Circuit’s recent decision in Maxwell v. San Diego County.

Here are some key excerpts:

The Maxwell court distinguished the facts of its case from Hardin v. White Mountain Apache Tribe, 779 F.2d 476 (9th Cir. 1985), a case where the plaintiff sued tribal council members for allegedly ordering tribal police to eject plaintiff from tribal land. Id. at 478. The Court of Appeals for the Ninth Circuit in Hardin concluded that the council members “had act[ed] in their representative capacity and within the scope of their authority.” Id. at 479. “Holding the defendants [in Hardin] liable for their legislative functions would … have attacked the very core of tribal sovereignty.” Maxwell, 2013 WL 542756 at *12.

. . .

Based upon the “essential nature and effect” of the injunctive and declaratory relief sought in the Complaint, the Court finds that the Pala Tribe is the “real, substantial party in interest” in this case. Maxwell, 2013 WL 542756 at *11. Only the Pala Tribe, whose sovereign immunity is unquestioned, could satisfy the relief sought in the Complaint, i.e. the reinstatement of Plaintiffs as members of the Tribe. Defendants, as members of the Executive and Enrollment Committees, “possess the power” to grant Plaintiffs that relief “on behalf of the tribe.” Id. Accordingly, the Court finds that this action, as alleged, is fundamentally one against the Pala Tribe and that Plaintiffs have sued the individual Defendants in their official capacities.

. . .

The Court finds that the relief sought in this Complaint would “require affirmative action by the sovereign,” i.e. the Pala Tribe’s re-enrollment of Plaintiffs. Larson, 337 U.S. at 691 n.11. Such a remedy would operate against the Pala Tribe, impermissibly infringing upon its sovereign immunity. See generally Lewis v. Norton, 424 F.3d 959 (9th Cir. 2005) (“Courts have held that tribal immunity bars suits to force tribes to comply with their membership provisions, as well as suits to force tribes to change their membership provisions.”(citations omitted)); Santa Clara Pueblo, 436 U.S. at 72 n.32 (“A tribe’s right to define its own membership for tribal purposes has long been recognized as central to its existence as an independent political community…. Given the often vast gulf between tribal traditions and those with which federal courts are more intimately familiar, the judiciary should not rush to create causes of action that would intrude on these delicate matters.”); Imperial Granite Co., 940 F.2d at 1272 (“[A] tribe’s immunity is not defeated by an allegation that it acted beyond its powers.”). Based upon the factual allegations of the Complaint and the nature and effect of the relief sought, the Court concludes that Defendants acted in their official capacities and within the scope of their authority when they made the membership determinations at issue in this case.

Arizona COA Briefs in ISDEAA Tribal Immunity Case — Case to Watch

Here are the available briefs in Shirk v. Lancaster:

Lancaster et at Opening Brief

Navajo Nation Amicus Brief

GRIC Amicus Brief

Shirk Answering Brief

Shirk Response to GRIC Amicus

Lancaster et al Reply

Lower court materials here. Materials in related case against City of Chandler here. Here are the materials in the federal case dismissing a Federal Tort Claims Act action.

Federal Circuit Briefs in Klamath Claims Committee v. US — UPDATED 8-26-13

Here:

KCC Opening Brief

US Answer Brief

Klamath Tribe Amicus

KCC Reply Brief

Lower court materials here and here.

Ninth Circuit Briefs in Dispute between “Advantage Gamblers” and Tonto Apache Tribal Casino

Here are the materials in Pistor v. Garcia:

DCT Order Denying Motion to Dismiss (D. Ariz.)

Garcia Opening Brief

Pistor Answering Brief

Garcia Reply

From the trial court order (Judge Martone):

Plaintiffs, non-Indians, describe themselves as advantage gamblers. All three gambled at the Mazatzal Hotel & Casino (“Mazatzal”) in Payson, Arizona, which is owned and operated by the Tonto Apache Tribe (“the Tribe”) and is located on tribal land. Plaintiffs each won a substantial amount of money playing some of Mazatzal’s video blackjack machines. Moving defendants are all employed by the Tribe. Hoosava is the General Manager of Mazatzal. Kaiser is employed by the Tribe as a Tribal Gaming Office Inspector. Garcia is employed by the Tribe as Chief of the Tonto Apache Police Department. On October 25, 2011, plaintiffs allege that they were seized while inside Mazatzal. Pistor and Abel were handcuffed, and all three plaintiffs were brought to private rooms and questioned. Plaintiffs were eventually released and were not charged with any crime. Defendants seized thousands of dollars in cash and casino cash redemption tickets from plaintiffs. The property has not yet been returned.

Spokane Tribal Member Trust Breach Complaint re: Mining on Indian Allotment Dismissed without Prejudice; Amended Complaint Filed

Here are the materials in Villegas v. United States (E.D. Wash.):

DCT Order Dismissing Complaint without Prejudice

Federal Agencies Motion to Dismiss

Villegas Opposition

Federal Agencies Reply

First Amended Complaint

Previous materials here.

Ninth Circuit Rejects Another Challenge to Colville Tax Agreement

Here are the materials in Tonasket v. Sargent:

CA9 Unpublished Opinion

Tonasket Opening Brief

Colville Answer Brief

Tonasket Reply

Lower court materials here.

The Ninth Circuit recently decided a related appeal here.

Federal Court Enjoins Sault Tribe from Seeking Trust Acquisition for Lansing Casino Property

News coverage here.

Link to opinion here.

DCT Order Granting Injunction

Briefs here.

Ute Indian Tribe Sued by Former Energy and Minerals Manager

Here is the complaint in Becker v. Ute Indian Tribe (D. Utah):

Becker Complaint

From the complaint:

This action arises under and relates to an Independent Contractor Agreement between Becker and the Tribe effective March 1, 2004 (“Agreement”) by which Becker agreed to and did provide services to the Tribe as Manager of the Tribal Energy and Minerals Department, including the implementation of the restructuring and development of the Tribal Energy and Minerals Department. By the Agreement, the Tribe promised to pay to Becker a specified monthly compensation (“Compensation”) and agreed that Becker had a 2% participation right in specified revenues (“Participation Right”). The Tribe failed to pay to Becker the Compensation promised and the agreed upon percentage of the revenues as to which Becker had a Participation Right.

Materials in Cesar Caballero’s Counterclaims against Shingle Springs Miwok

Here:

11-Caballero Answer and Counterclaim 2-17-09

17-Tribe’s MPA re Motion to Dismiss Counterclaims

22.1-Caballero Opposition 5-6-09

28-Tribe’s Reply re Motion to Dismiss 5-13-09

33-Order Granting MTD Counterclaim

Related cases here: federal criminal case, trademark case, and permanent injunction.

Moapa Drops Tribal Court Suit against Wells Fargo; Agrees to Mediation (Updated 2/25/13)

Here is the tribe’s press release:

MOAPA DISMISSES TRIBAL COURT ACTION
Moapa, NV –The Moapa Band of Paiute Indians today announced that it and Wells Fargo Financial Advisors LLC had agreed to submit to mediation certain issues between the parties, and that the Band had caused dismissal of an action against Wells Fargo Financial Advisors commenced in the Tribe’s tribal court.
Tribal Chairman William Anderson commented that “The Tribe will always defend its inherent sovereign rights. However, the Tribe also observes its valid agreements, including valid waivers of its sovereign immunity. Further, the Band strives to be commercially responsible in its contractual relationships. We believe that the Band’s voluntary submission of the issues to mediation and dismissal of the tribal court action reflect these principles. We hope that through good faith mediation the parties will mutually resolve the issues.”
About the Moapa Band of Paiutes
The Moapa Band of Paiute Indians is located on its 72,000 acre Moapa River Reservation in Nevada. The Tribe’s reservation is the proposed site of a solar 350 megawatts energy project generating (sufficient to power 100,000 homes) being developed by K Road Power.

We posted on this case here.

Update — docs here:

Moapa 2-22-13 Press Release

Moapa Tribal Court Dismissal