Nonrecognized Cherokee Nation West Sues U.S. Army Corps over Religious Freedom

Here is the complaint in Cherokee Nation West v. United States Army Corps of Engineers (N.D. Okla.):

1 Complaint

An excerpt:

Plaintiff seeks equal access to Fort Gibson Lake to hold a religious ceremony on November 7, 2014, March 2015 and on future dates. Although Fort Gibson Lake is open to the general public for indiscriminate use, the Defendants denied Plaintiff equal access to the public area of Fort Gibson Lake because Plaintiff wanted to hold a religious ceremony, and such ceremony was considered “sacrilegious” by the government Defendants.

Wrongful Death Action against Pawnee Law Enforcement Allowed to Proceed

Here are the materials in Estate of Gonzales ex rel. Gonzales v. Brown (N.D. Okla.):

32 Waters Motion to Dismiss

38 Opposition to Waters

40 Waters Reply

45 Miller Motion to Dismiss

54 Kanuho Motion to Dismiss

55 Leading Fox Motion to Dismiss

60 Opposition to Miller

64 Miller Reply

74 Opposition to Leading Fox

75 Opposition to Kanuho

76 Opposition to Kanuho

77 Leading Fox Reply

78 Kanuho Reply 1

79 Kanuho Reply 2

81 DCT Order

Tenth Circuit Finds Federal Question in Thlopthlocco Tribal Town v. Stidham, Orders Tribal Court Exhaustion

Here is the opinion in Thlopthlocco Tribal Town v. Stidham. An excerpt:

The Thlopthlocco Tribal Town is a federally recognized Indian tribe in Oklahoma. An election dispute arose about which individuals were properly elected or appointed to govern the Thlopthlocco people. Seeking to resolve that dispute, the Tribal Town filed suit in the tribal court of the Muscogee (Creek) Nation and, accordingly, voluntarily submitted to that court’s jurisdiction.

The Tribal Town subsequently concluded it did not want to maintain its suit in tribal court and dismissed its claims. But the defendant in that suit had, by that time, filed cross-claims. Arguing that the Tribal Town’s sovereign immunity waiver did not cover proceedings on the cross-claims, the Tribal Town attempted to escape Muscogee court jurisdiction, but, in various decisions, several judges and justices of the Muscogee courts held that they may exercise jurisdiction over the Tribal Town without its consent.

The Tribal Town then filed a federal action in the Northern District of Oklahoma against those Muscogee judicial officers, seeking to enjoin the Muscogee courts’ exercise of jurisdiction. The district court dismissed the case, finding that the federal courts lacked subject matter jurisdiction, the defendants were entitled to sovereign immunity, the Tribal Town had failed to join indispensable parties, and the Tribal Town had failed to exhaust its remedies in tribal court. We conclude, however, that the Tribal Town has presented a federal question and that the other claims do not require dismissal. But we agree the Tribal Town should exhaust its remedies in tribal court while its federal court action is abated.

Here are the briefs:

Thlopthlocco Opening Brief

Stidham Brief

Thlopthlocco Reply Brief

Lower court materials here.

 

Briefs in Cherokee Nation Challenge to Interior’s Decision to Acquire Trust Land for United Keetoowah Band

Here are the updated materials in Cherokee Nation v. Jewell (N.D. Okla.):

132 Cherokee Nation Brief

135 Interior Response

136 UKB Response

139 Cherokee Nation Reply

News coverage of the oral argument is here.

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

Tenth Circuit Supplemental Briefs in Oklahoma v. Hobia re: Bay Mills Decision

Here:

Oklahoma Supplemental Brief re Bay Mills

Tribal Supplemental Brief re Bay Mills

The Tenth Circuit previously abated this matter pending the outcome in Michigan v. Bay Mills.

Federal Court Refuses to Dismiss Suit against Alaska Assn. of Village Presidents on Immunity Grounds

Here are the materials in Eaglesun Systems Products Inc. v. Association of Village Council Presidents (N.D. Okla.):

22 Motion to Dismiss

25 Opposition

33 Reply

41 DCT Order Denying Motion to Dismiss

An excerpt:

Now before the Court are the following motions: Defendant’s Motion to Dismiss (Dkt. # 22), Plaintiff’s Motion to Strike (Dkt. # 27), and Plaintiff’s Motion for Jurisdictional Discovery (Dkt. # 36). Defendant Association of Village Council Presidents (AVCP) argues that it has sovereign immunity from suit because all of its members are federally-recognized Indian tribes and AVCP was created to provide governmental services for its members. Plaintiff Eaglesun Systems Products, Inc. responds that AVCP is a non-profit corporation organized under state law, and it is not entitled to sovereign immunity as an Indian tribe or as a tribal organization. Plaintiff also requests leave to conduct jurisdictional discovery before the Court rules on defendant’s motion to dismiss.

Federal Court Certifies Class in Osage Headrights Accounting Suit

Here are the new materials in Fletcher v. United States (N.D. Okla.):

1148 Motion to Certify Class

1154 US Response

1196 DCT Order Certifying Class

This case is on remand from the Tenth Circuit; post here.

Tort Claim against Quapaw Tribe and Casino Dismissed

Here are the materials in Martin v. Quapaw Tribe (N.D. Okla.):

9 Motion to Dismiss

9-1 Exhibit A

9-2 Exhibit B

9-3 Exhibit C

14 Response

16 Reply

20 DCT Amended Order Dismissing Complaint

Tenth Circuit Rules in Favoring of Trust Accounting Claims of Osage Headright Holders

Here are the materials in Fletcher v. United States:

CA10 Opinion

Fletcher Opening Brief

Interior Answer Brief

Fletcher Reply Brief

An excerpt:

After settlers displaced the Osage Nation from its native lands, the federal government shunted the tribe onto the open prairie in Indian Territory, part of what later became the State of Oklahoma. At the time, the government had no idea those grasslands were to prove a great deal more fertile than they appeared. Only years later did the Osages’ mammoth reserves of oil and gas make themselves known. When that happened, the federal government appropriated for itself the role of trustee, overseeing the collection of royalty income and its distribution to tribal members. That role continues to this day. In  this lawsuit, tribal members seek an accounting to determine whether the federal  government has fulfilled the fiduciary obligations it chose to assume. The district court
dismissed the tribal members’ claims. We reverse.

Lower court materials here and here.

Tenth Circuit Abates Oklahoma v. Hobia until Supreme Court Decides Michigan v. Bay Mills — Updated

Here:

2013.09.05 – Order Abating

UPDATE (9/11/13) — Supplemental Briefs are here:

Kialegee Supplemental Brief

Oklahoma Supplemental Brief

Briefs are here.

Lower court materials here.