IGRA revenue allocation plan

Nooksack Tribal Court Dismisses St. Germain v. Kelly

Matthew L.M. Fletcher

Here:

St Germain v. Kelly Defendants’ Motion to Dismiss and Brief in Support of Motion To Dismiss

St Germain v Kelly Brief in Opposition to Defendants’ Motion to Dismiss Plaintiffs’ Cross Motion for Partial Summary Judgment

St Germain v. Kelly Defendants’ Response in Opposition to Plaintiffs’ Cross Motion for Partial Summary Judgment

St Germain v. Kelly Plaintiffs’ Reply re Cross Motion for Partial Summary Judgment

St. Germain v. Kelly Defendants’ Reply to Plaintiffs’ Brief in Opposition to Dimiss Cross Motion for Partial Summary Judgment

St. Germain v. Kelly Order Granting Defendant’s Motion to Dismiss and Denying Plaintiffs’ Motion for Summary Judgment

The court previously had issued a TRO favoring plaintiffs in this matter.

Nooksack Tribal Court Materials on Disenrollees Motion for Contempt

Matthew L.M. Fletcher

Here are the new materials in St. Germaine v. Kelly (Nooksack Tribal Court):

St Germain v. Kelly Motion for Order to Show Cause Re Contempt

St Germain v. Kelly Declaration of Leah Zapata

St. Germain v. Kelly Declaration of Agripina Smith

St. Germain v. Kelly Response to Plaintiffs Motion of Ord to Show Cause Re Contempt

Previous materials in this case are here and here.

 

Nooksack Issues TRO in Nooksack Tribal Christmas Checks Dispute with Proposed Disenrollees

Matthew L.M. Fletcher2 Comments

Here are the new materials in St. Germaine v. Kelly (Nooksack Tribal Court):

St Germain v Kelly Brief in Support of TRO Relief

St Germain v Kelly Defendants’ Response in Opposition to Motion for TRO

St Germain v Kelly Order Granting Motion for TRO

An excerpt from the order:

Therefore, the Court finds that, at this preliminary TRO stage in this matter, the Defendants have violated the Nooksack Indian Tribe’s Constitution, Article IX and the Equal Protection clause of the Indian Civil Rights Act in passing Resolution 13-171 and acting upon it. The Court orders that the Defendants be enjoined from treating the proposed disenrollees differently from other tribal members with respect to the Christmas Support distribution. However, the Court finds that the Court cannot order specific relief requiring the expenditure of tribal funds. The Court hopes, however, that the Defendants will consider the implications of Resolution 13-171 and treat the Plaintiff proposed-disenrollees fairly, despite the fact that the Court is prohibited by the law from ordering them to do so.

Fourth Suit Challening Nooksack Tribal Member Disenrollments Fails

Matthew L.M. Fletcher1 Comment

Here are the updated materials in St. Germaine v. Kelly (Nooksack Tribal Court):

St Germain v. Kelly TRO Motion

St Germain v. Kelly Declaration of Michelle Roberts

St Germain v. Kelly Declaration of Rudy St. Germain

St Germain v. Kelly Order on Motion for Temporary Restraining ORder

The complaint is here.

Fourth Nooksack Tribal Court Complaint in Disenrollment Dispute; IGRA Violations Alleged

Matthew L.M. Fletcher1 Comment

Here is the complaint:

Rudy St Germain v Kelly Complaint For Prospective Equitable Relief

And a press release:

Nooksack 306 Deprived Of Christmas Support

Deming, WA – Today the Nooksack 306 were forced to file yet another Tribal Court lawsuit, after it became public that on December 3, the Nooksack Tribal Council Faction led by Chairman Bob Kelly voted via secret “poll” to exclude the 306 families from $250 in Christmas support.

The families have asked the Nooksack Tribal Court to stop the Kelly Faction from excluding 306 families from the distribution, which they intend to make starting this Thursday, December 12.

“We are disgusted but not surprised that Bob Kelly and his followers would now deprive our families from Christmas support,” said Nooksack 306 family spokesperson Moreno Peralta.  “The holidays are a struggle for many of us, and they know that. This is just pure insult that is being added to the deep injury we’ve already suffered this year.”

Tribal member comments on the Tribe’s Facebook page confirm that Nooksack “families in need” could really use the Christmas monies.

The lawsuit alleges violation of the equal protection clauses in the Nooksack Constitution and federal Indian Civil Rights Act, as well as the Indian Gaming Regulatory Act (IGRA), which prevents tribes from distributing gaming revenues on a per capita basis without a federally-approved revenue allocation plan and/or in discriminatory fashion.

The Nooksack Tribe does not have any such revenue allocation plan.  The resulting violations of IGRA could result in the National Indian Gaming Commission levying civil fines against the Tribe up to $25,000 per distribution and/or closing the Tribe’s two gaming facilities.