Here are the materials in United States v. Mitchell (W.D. N.Y.):
74 MJ R&R Denying Omnibus Motion
116 US Response to Motion to Dismiss — Immunity
123 Mitchell Objections to 119
137 US Response to Motion to Dismiss — Jurisdiction
138 Mitchell Brief on Major Crimes Act
140 DCT Order Denying Motion to Dismiss
Prior federal case challenging his banishment is here.
Sorry about the “quasi-banishment.” It’s a made up word, I know. 🙂
Mr. Mitchell contended that the Council’s action imposing certain restrictions on him (following a federal indictment charging him with fraudulent acts in connection with his position with a Nation gaming enterprise) subjected him to custody for purposes of ICRA, and sought habeas corpus relief. The Court held that Mr. Mitchell is not subject to custody or detention, and did not reach the question of exhausting tribal court remedies.
Here are the materials in Mitchell v. Seneca Nation of Indians (W.D. N.Y.):
15-1 Memorandum in Support of Motion to Dismiss Under Rule 12(B)(1)
18 Mitchell Opposition Motion Dismiss 1
Turtle Talk 