Reed v. Gutierrez – Turtle Talk

Reed v. Gutierrez Cert Opposition Brief

June 20, 2011Matthew L.M. Fletcher

Here:

Reed v Gutierrez Cert Opp

The petition is here.

Reed v. Gutierrez Cert Petition

May 16, 2011May 15, 2011Matthew L.M. Fletcher2 Comments

Here:

Reed v Gutierrez Cert Petition

Lower court materials here.

Questions presented:

I. Should the doctrine of tribal sovereign immunity be abrogated?

II. Even if the doctrine of tribal sovereign immunity should not be abrogated, should it bar claims against Indian tribes or their employees for their off-reservation torts?

N.M. Appellate Court Affirms Immunity of Tribal Official Acting Off-Reservation

November 16, 2010Matthew L.M. Fletcher2 Comments

Here is the unpublished opinion in Reed v. Gutierrez.

An excerpt:

In this case, we determine whether the doctrine of tribal sovereign immunity shields Defendant Pueblo of Santa Clara, New Mexico (the Pueblo) and its employee, Defendant Robert Gutierrez, from liability for an off-reservation tort. We hold pursuant to Kiowa Tribe of Oklahoma v. Manufacturing Technologies, Inc., 523 U.S.7 751 (1998), that they are immune from the claims of Plaintiffs Peggy and Timothy Reed and affirm the district court.