Indian Self-Determination Act

Shirk v. City of Chandler (Arizona State Court): Indian Self-Determination Act as General Waiver of Tribal Immunity

June 8, 2011Matthew L.M. Fletcher2 Comments

Apparently, plaintiffs in Arizona have begun to file tort cases that are not within the scope of the Federal Tort Claims Act against Indian tribes and tribal employees in state court on the theory that 25 USC sec. 450f(c) is a waiver of tribal sovereign immunity for claims that don’t fall within the FTCA.

Here are the materials in one such case:

Motion to Set Aside Judgment 12.22.10

Gila River Indian Community Amicus Brief 06-08-11

US Motion for Leave to File Amicus Brief 06.01.11

Amended Opposition to Motion to Set Aside 02.02.11

Reply on Motion to Set Aside 02.18.11

Doc 43 – Order of Dismissal in FTCA Action 08.27.10

Council of Athabascan Tribal Governments Survives Motion to Dismiss in Self-Determination Act Contract Claim

March 18, 2010Matthew L.M. Fletcher

Here are the materials in Council of Athabascan Tribal Governments v. United States (D. D.C.):

DCT Order Denying Federal Motion to Dismiss

Federal Motion to Dismiss

Tribal Memorandum in Opposition

Federal Reply Brief

Tribal Surreply

Southern Ute v. Leavitt Materials

July 19, 2008Matthew L.M. Fletcher

Southern Ute Tribe, with NCAI as amicus, is appealing a district court order allowing the IHS to set the tribe’s self-determination contract award at zero. The case is pending in the Tenth Circuit. Here are the materials:

dct-order-6-16-2007

dct-order-10-18-2007

southern-ute-appellant-brief

ncai-amicus-brief

us-appellee-brief

[Southern Ute Reply brief not filed yet]