Cayuga Nation Prevails over Village in Gaming Case

Here is the opinion in Cayuga Nation v. Tanner (N.D. N.Y.):


Briefs here.

Update in Cayuga Nation Gaming Dispute with Village of Union Springs

Here are updated pleadings in Cayuga Nation v. Tanner (N.D. N.Y.):










Prior posts here.

Second Circuit Briefs in Cayuga Nation v. Tanner


Appellant Brief

Appellee Brief

Lower court materials here and here.

Update in Cayuga Nation v. Tanner

Here are more materials in the case captioned Cayuga Nation v. Tanner (N.D. N.Y.):

38 DCT Order Denying Unity Council Motion to Intervene

41 Plaintiffs Reply in Support of PI

42 Plaintiffs Response to Tanner Motion to Dismiss

50 DCT Order Dismissing Claims

52-1 Motion for Reconsideration

60 Tanner Opposition

61 Plaintiffs Reply

Apparently, the Halftown faction (the plaintiffs here) is continuing the fight for gaming, while the Unity Council group has been dismissed from the case. We posted materials on this case here.

Materials in Cayuga Nation v. Tanner

Originally filed by Clint Halftown’s group against the Village of Union Springs to enjoin the village’s effort to regulate Class II bingo; now a challenge to the Halftown group by the Cayuga Nation Unity Council. News coverage here.

Here are the materials:

1 Complaint

5-1 Motion for PI

7 DCT Show Cause Order

27 Cayuga Nation Unity Council Motion to Intervene

28 Cayuga Nation Unity Council Motion to Dismiss

32 Defendants Cross-Motion to Dismiss

33 Plaintiffs Response

The IBIA decision on the Cayuga leadership dispute is here.

A state court decision on the leadership dispute is here.

Preliminary Injunction Issued by Paskenta Tribal Court

Here is the order in Freeman v. Freeman (Paskenta Tribal Court):

PTCV-14-001-2014-5-29 – Preliminary Injunction Order

Materials here.

More Tribal Court Filings in Paskenta Leadership Dispute

Here are the new materials in Freeman v. Freeman (Paskenta Band of Nomlaki Indians Tribal Court):

PTCV-14-001 – 2014-5-27 Motion for Preliminary Injuction and Default Judgment

PTCV-14-001 – 2014-5-27 – Declaration of M Jones

PTCV-14-001 – 2014-5-27 – Second Declaration of G. Freeman

Prior posts on this issue here, here, and here.

And a related document:

4-16-14 BIA Letter re Legitimate Paskenta Tribal Council

State Court Case Dismissed in Cayuga Nation Leadership Dispute

Opinion here.

Press release here.

A state supreme court has dismissed the law suit filed by former Cayuga leaders Clint Halftown, Timothy Twoguns, and Gary Wheeler against the Nation’s current government, the Unity Council.
In its May 19th ruling, the Seneca County Supreme Court adopted the Unity Council’s position that “because the underlying allegations in [Halftown’s] law suit are fundamentally founded on the longstanding question of who has the right to lead the Nation, no determination could be made by
this Court without interfering in tribal sovereignty and self-government.” The Court rejected Halftown’s claim that he is recognized as a leader of the Nation by the United States, and
suggested that regardless of Halftown’s position within the nation, the law suit lacked merit. “Notably,” the court ruled, “there is a dearth of allegations regarding any direct involvement by any of the named defendants at any of the incidents.”

TRO Granted in Paskenta Band of Nomlaki Indians v. Swearinger et al

Complaint: 2014 05 16 Complaint FINAL 2

Ex parte application for TRO:  2014 05 15 PASKENTA Ex Parte App for TRO and PI FINAL

Rosette Affidavit: 2014 05 16 Affidavit of RAR in support of Ex Parte TRO FINAL

Freeman Declaration: 2014 05 16 Freeman Dec FINAL w Exs

Memorandum in Support of Ex parte application 2014 05 16 Paskenta MPA FINAL

TRO: 4001_001 (1)