Eighth Circuit Briefs in Bettor Racing v. NIGC

Here:

Flandreau Brief

NIGC Brief

Other briefs TK.

Lower court materials here.

Federal Court Grants Summary Judgment in Gaming Management Contract Matter

Here are the materials in Bettor Racing Inc. v. National Indian Gaming Commission (D. S.D.):

53 Bettor Motion for Summary J

57-1 NIGC Cross Motion

59 Flandreau Cross Motion

62 Bettor Response to Flandreau

64 Bettor Response to NIGC

67 Flandreau Reply

68 NIGC Reply

71 DCT Order

Prior posts with materials here and here.

Update in Bettor Racing v. NIGC — Flandreau Intervenes and Files Counterclaim

Here are the updated materials in Bettor Racing Inc. v. National Indian Gaming Commission (D. S.D.):

9-1 Tribal Court Docs Part 1

9-2 Tribal Court Docs Part 2

35 DCT Order Allowing Intervention

36 Flandreau Answer and Counterclaim

Complaint was posted here.

Suit against NIGC over Gaming Management Contract Decision

Here is the complaint in Bettor Racing Inc. v. NIGC (D. S.D.):

Bettor Complaint

South Dakota Supreme Court Suppresses Evidence Taken by Tribal Law Enforcement under the Indian Civil Rights Act

Maybe I’m missing something, but HOLY COW! Now state courts have jurisdiction under the Indian Civil Rights Act?!?!? I thought Santa Clara Pueblo v. Martinez settled the question, holding that tribal courts have exclusive jurisdiction over ICRA claims.

This case, State v. Madsen, decided two days ago by the South Dakota Supreme Court, has no discussion of the court’s jurisdiction to apply ICRA to tribal law enforcement, so maybe there’s some agreement or something in which the tribe (Flandreau Santee Sioux Tribe) agreed to state court adjudication of ICRA claims arising out of police activities at the tribe’s casino.