Second Circuit Rejects Section 1983 Claim against Foxwoods/Pequot

Here is the summary order in Sun v. Mashantucket Pequot Gaming Commission:

sun-v-mashantucket-pequot-gaming-commission

Briefs here.

Lower court materials here.

Section 1983 Claim against Swinomish Tribal Police Officer Dismissed

Here are the materials in Pearson v. Dept. of Licensing (W.D. Wash.):

24 Tribal Motion to Dismiss

27 Response

30 Reply

33 DCT Order

Great Elk Dancer Loses Section 1983 Complaint against Ohio City

Here are the materials in Great Elk Dancer for his Elk Nation v. Miller (S.D. Ohio):

42 City Motion for Summary J

64 Magistrate Judge R&R

70 DCT Order

G. had survived a motion to dismiss earlier, posted here.

Otoe-Missouria Chairman’s Section 1983 Suit against Connecticut Banking Commissioner Dismissed

Here are the materials in Shotton v. Pitkin (W.D. Okla.):

1 Complaint

12 Motion to Dismiss

20 Response

23 Reply

26 DCT Order

Civil Rights Suit against Nisqually Jail Officials Dismissed for Failure to Exhaust Tribal Remedies

Here are the materials in Hardie v. Nisqually Corrections Superintendent (W.D. Wash.):

18 Nisqually Motion to Dismiss

22 Magistrate R&R

25 DCT Order

Pro Se Section 1983 Suit against Mille Lacs Ojibwe Dismissed

Here are the materials in Goodman v. Waukey (D. Minn.):

1 Complaint

7 Magistrate Report

11 DCT Order

Eighth Circuit Holds Suit against South Dakota Police Officer for Shooting Indian Suspect in the Back May Proceed

Here is the opinion in Capps v. Olson.

An excerpt:

Sheriff’s Deputy David Olson shot and killed Christopher Capps (Capps).
Capps’s parents, Jerry and Jaylene Capps, sued Deputy Olson for using excessive
force against their son in violation of 42 U.S.C. § 1983. Deputy Olson alleges Capps
was charging towards him with a weapon at the time of the shooting. Capps’s parents 
allege Deputy Olson shot Capps in the back when Capps was unarmed. Deputy
Olson moved for summary judgment based on qualified immunity. The district court
1
denied Deputy Olson’s motion, holding that outstanding questions of fact precluded
a grant of qualified immunity. For the reasons stated below, we affirm.

  

Otoe-Missouria Tribal Chairman Brings Civil Rights Action against Connecticut Dept. of Banking

Here is the complaint in Shotton v. Pitkin (W.D. Okla.):

1 Complaint

An excerpt:

Plaintiff brings this action as a result of unlawful enforcement actions taken by Defendants against Plaintiff and Defendants’ entry of a state administrative order imposing a civil penalty of $700,000 against Plaintiff in his individual capacity and unlawfully restraining his conduct without due process of law and in violation of his individual right to immunity as a tribal official.

Our post on a related suit in Connecticut Superior Court action is here.

Federal Court Challenge to Onondaga Nation ICW Jurisdiction Defeated

Here are the materials in Pitre v. Shenandoah (N.D. N.Y):

12-5 Onondaga Nation Motion to Dismiss

20-5 Onondaga County Motion to Dismiss

34-2 Oswego County Motion to Dismiss

45 DCT Order

Federal Civil Rights Claim Brought by Indian-Owned Construction Contractor May Proceed

Here are the materials in Parker Excavating Inc. v. Lafarge West (D. Colo.):

22 Defendants Motion to Dismiss

30 PEI Response

39 Defendants Reply

62 DCT Order