Here are the materials so far in Alexander v. New York (N.D. N.Y):
Section 1983
Federal Court Dismisses Wisconsin Oneida Suit over Renewable Energy
Here are the materials in Oneida Seven Generations Corporation v. City of Green Bay (E.D. Wis.):
10 Green Bay Motion to Dismiss
An excerpt:
Plaintiffs Oneida Seven Generations Corporation (OSGC) and Green Bay Renewable Energy, LLC, (GBRE) filed this action against the City of Green Bay pursuant to 42 U.S.C. § 1983 alleging the City violated their rights to substantive and procedural due process when the Common Council voted to revoke a conditional use permit it had granted only one year earlier. The case is before the Court on the City’s motion to dismiss for failure to state a claim pursuant to Rule 12(b)(6) of the Federal Rules for Civil Procedure. The City also contends that the complaint fails to allege facts showing GBRE has any interest or suffered any loss in the transaction and that OSGC lacks capacity to sue under the laws of the Oneida Nation under which it was chartered. For these reasons, as well, the City argues that the claims against it should be dismissed.
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.):
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):
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.):
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.):
Pro Se Section 1983 Suit against Mille Lacs Ojibwe Dismissed
Here are the materials in Goodman v. Waukey (D. Minn.):
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 court1
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.):
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.
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