Here is the petition:
Question presented:
Whether an insurance company doing business with a federally recognized American Indian Tribe is entitled to sovereign immunity for the acts and omission it takes in furtherance of the business of insurance.
cert petition
Cert Stage Briefs in Dollar General v. Mississippi Choctaw
Here:
Mississippi Choctaw Cert Opposition
Mississippi Choctaw Supplemental Brief
En banc petition materials here.
CA5 Order Denying Dolgencorp En Banc Petition
Panel materials here.
Lower court decision and materials here.
Michigan’s Response to Sault Tribe Renewed Motion to Dismiss
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.
Dollar General Corp. v. Mississippi Band of Choctaw Indians Cert Petition
Here:
Questions presented:
Whether Indian tribal courts have jurisdiction to adjudicate civil tort claims against nonmembers, including as a means of regulating the conduct of nonmembers who enter into consensual relationships with a tribe or its members?
Lower court materials here.
The court also voted 9-5 to deny the en banc petition: CA5 Order Denying Dolgencorp En Banc Petition
En banc petition materials here.
Panel materials here.
Lower court decision and materials here.
Sault Tribe Renews Motion to Dismiss Michigan’s Lansing Casino Suit in Federal District Court
Supreme Court Cert Petition in FTCA/Bivens Claims against Federal & Tribal Officers
Here is the petition in Dupris v. Proctor:
Questions presented:
1. Whether this Court should resolve a split among the circuit courts of appeal, created by the Ninth Circuit panel decision in this matter, as to whether federal agents have “discretion” to arrest an individual without probable cause, for purposes of sovereign immunity under the “discretionary function” doctrine of the Federal Tort Claims Act?
2. Whether this Court should resolve a split among the circuit courts of appeal as to whether a law enforcement officer’s pre-arrest consultation with a prosecutor, standing alone, entitles the officer to qualified immunity?
3. Given the federal agents’ testimony that there were not any “positive identifications” of Petitioners, contradictory to what the agents told the tribal prosecutor, whether this Court should remand pursuant to this Court’s recent holding in Tolan v. Cotton, — U.S. –, 134 S.Ct. 1861 (2014), to ensure that the Court of Appeals properly viewed all evidence in the light most favorable to the Petitioners?
Lower court materials here.
Pro Se Supreme Court Cert Petition Challenging ICWA
Here is the petition in Marcussen v. Sebelius:
Marcussen v Sebelius Cert Petition
Questions Presented:
1) Whether the Rooker Feldman doctrine should be overruled for denying all judicial relief by removing the subject matter jurisdiction of the federal courts to hear any civil action brought against federally mandated statutes enforced in the state courts.
2) Whether Congress has the authority to adopt laws intended to be primarily or exclusively enforced in the state courts.
Michigan Withdraws Cert Petition in Michigan v. Sault Tribe
Sault Ste. Marie Tribe Cert Opposition Brief
Here:
Filed right before the decision in Michigan v. Bay Mills came out, so it doesn’t take that case’s outcome into consideration.
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