Here are the materials in Hogshooter v. Cherokee Nation (E.D. Okla.):

Here are the materials in Hogshooter v. Cherokee Nation (E.D. Okla.):

Here is the opinion.
Briefs here.
An excerpt:
We begin by discussing the tribal exhaustion doctrine involved in this case. “[W]hen a federal court has subject-matter jurisdiction over a claim arising in Indian country over which a tribal forum has colorable jurisdiction, principles of comity and the federal policy of promoting tribal self-government generally require that the plaintiff fully exhaust tribal remedies before proceeding in federal court.” Restatement of the Law of Am. Indians § 59 cmt. a (Am. Law Inst., Proposed Final Draft 2021).
slip op. at 14.
Maybe a little more Restatement. . . .
Post–Santa Clara Pueblo, federal review has been limited to habeas, leaving tribal courts to adjudicate any other civil rights claims. See Restatement of the Law of Am. Indians § 16 cmt. a (“With the exception of actions for habeas corpus relief [under § 1303, ICRA’s civil rights] guarantees are enforceable exclusively in tribal courts and other tribal fora.”).
slip op. at 21.

And more. . . .
Tribal exhaustion doctrine exists to preserve tribal sovereignty and prevent the federal courts from running roughshod over tribal legal systems. See Norton, 862 F.3d at 1243; Restatement of the Law of Am. Indians § 28 cmt. a (“[A]djudication of matters impairing reservation affairs by any nontribal court . . . infringes upon tribal law-making authority, because tribal courts are best qualified to interpret and apply tribal law.”).
Slip op. at 34.
Here is the unpublished opinion.
Briefs are here.
Here:
Lower court materials here.
Here are new materials in Adams v. Elfo (W.D. Wash.):
62 DCT Order Remanding Motion to Magistrate
Prior post here.
Here are the materials in Picard v. Colville Tribal Correction Facility (E.D. Wash.):
Here are the new materials in Adams v. Dodge (W.D. Wash.), formerly Adams v. Elfo:
45 Magistrate R&R on 2d Habeas Petition
48 Supplement to Petitioner’s Objections to Magistrate’s Second Report and Recommendation
54 DCt Order Adopting Magistrate R&R
Prior post here.
Update:
Here are the new materials in Adams v. Elfo (W.D. Wash.):
38 Tribe Response to Objections
39 Tribal Court Response to Objections
Nooksack tag here.
You must be logged in to post a comment.