Eighth Circuit Rejects Sandy Lake Chippewa Secretarial Election Appeal — UPDATED with briefs

Here is the opinion.

The court’s syllabus:

Civil case – Indian law. Because the district court had adjudicated the issue of subject matter jurisdiction in the Sandy Lake Band’s previous suit, and Sandy Lake did not appeal from that decision or exhaust its administrative remedies, the court is bound by the district court’s original determination that it lacked subject matter jurisdiction; the district court’s dismissal order is affirmed, but modified to be without prejudice.

Briefs:

Sandy Lake Opening Brief

Federal Answering Brief

Sandy Lake Reply

Lower court materials here.

Sandy Lake Band of Chippewa Fails in Second Federal Court Effort to Win Federal Recognition

Here are some of the materials in Sandy Lake Band of Chippewa Indians v. United States (D. Minn.):

DCT Order Dismissing Sandy Lake II

Sandy Lake Motion for Partial Summary J

USA Motion to Dismiss

Materials on their prior effort are here.