Petition for Cert in Young v. Fitzpatrick

Questions presented:

QUESTIONS PRESENTED FOR REVIEW

1. Whether Police Officers, Employed by the Puyallup Indian Tribe, But Trained, Certified, and Cross-Commissioned by the State of Washington, and Armed, Equipped, and Provisioned by the United States, Are Subject to the Constitution, U.S. Civil Rights Laws, and State Tort Law;

2. Whether the Shelter or Conceal Clause of the Treaty of Medicine Creek, and Additional Sources of Federal and State Law, Preempts Any Claims of Qualified Immunity by Individual Puyallup Tribal Police Officer Defendants in a Suit for Violation of the Constitution, U.S. Civil Rights Laws, and State Tort Law.

Cert Petition

WA App Ct Decision (WA Supreme Court Decision denied petition for review)

Previous coverage here.

Foxworthy Case in WA COA — Dram Shop Actions and Tribal Immunity — Wash SCt Petition

The Plaintiff has petitioned the State Supreme Court for review.

I don’t have a copy of the Plaintiff’s new petition (assuming there is one), but the petition she filed in October of 2006 is posted in the first message in this thread. The Tribe’s Answer to the Petition for Review (filed in mid-December) is available here.

Our previous posts with lower court materials are here and here.

Foxworthy Case in WA COA — Dram Shop Actions and Tribal Immunity — Updated

The Washington Court of Appeals recently decided Foxworthy v. Puyallup Tribe of Indians, a dram shop tort claim against a tribal business enterprise. The Court held that the Puyallup tribe hadn’t waived its immunity in state court.

The opinion is here.

The plaintiff’s brief is here: Foxworthy Opening Brief

The tribe’s response is here: Puyallup Response Brief

The plaintiff’s reply is here: Foxworthy Reply Brief

Wash. Court of Appeals — Dram Shop Actions and Tribal Sovereign Immunity

The Washington Court of Appeals recently decided Foxworthy v. Puyallup Tribe of Indians, a dram shop tort claim against a tribal business enterprise. The Court held that the Puyallup tribe hadn’t waived its immunity in state court.

The opinion was out, but is missing online at the moment. When I get a nice, clean pdf I’ll put it up. It is on Westlaw, etc.

The plaintiff’s brief is here: Foxworthy Opening Brief

The tribe’s response is here: Puyallup Response Brief

The plaintiff’s reply is here: Foxworthy Reply Brief