Section 1983 Complaint against Foxwoods over in Mini-Baccharat “Edge Sorting” (UPDATED 5-25-16)

Here are the materials so far in Sun v. Mashantucket Pequot Gaming Enterprise (D. Conn.):

1 Complaint

1-2 Exhibit

Here is an excerpt from the complaint:

On or about December 24, 2011, plaintiff Cheung Yin Sun, along with two other playing partners, plaintiffs Long Mei Fang and Zong Yang Lei, deposited approximately $1.6 million dollars in shared front money with defendant Foxwoods Resorts Casino in order to play Mini-Baccarat (Exhibit A, 1). Plaintiffs won approximately $1.148 million in chips that evening while playing Mini-Baccarat on the graveyard shift. Plaintiffs won the $1.148 million honestly by using an advantage play strategy known as “edge sorting,” which will be described in more detail below. However defendants Foxwoods and Foxwoods Management refused to redeem the chips/winnings because they accused plaintiffs of cheating.

Updated materials:

22 Connecticut Motion to Dismiss

31-1 Pequot Motion to Dismiss

Docket entry 37:

ORDER granting 31 Motion to Dismiss for Lack of Jurisdiction; granting 20 Motion for Judgment on the Pleadings. The Motion for Judgment on the Pleadings (doc. no. [22] ) and Motion to Dismiss (doc. no. 31 ) are both granted absent objection because the plaintiffs have failed to take the necessary steps to establish the court’s personal jurisdiction as to any of the defendants. Accordingly the case is dismissed. SO ORDERED by Judge Janet C. Hall on 5/29/2015. (Lewis, D) (Entered: 06/01/2015)

 

Federal Court Refuses to Allow Blue Lake Rancheria to Add Section 1983 Claims in FUTA Tax Dispute

Here are the materials in Blue Lake Rancheria v. Morgenstern (E.D. Cal.):

67 Blue Lake Motion to Amend

69 California Opposition

70 Blue Lake Reply

72 DCT Order Denying Motion

Blue Lake had prevailed in the Ninth Circuit before.

Section 1983 Suit against City of Logan, OH Survives Motion to Dismiss — Alleged Racial Harassment by City Office of Native-Owned Business

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

17 MJ R&R

25 DCT order

An excerpt:

Plaintiff, who is proceeding pro se and in forma pauperis, brings this civil rights action under 43 U.S.C. § 1983. In a nutshell, Plaintiff asserts Defendants arbitrarily and capriciously interfered with his business operations and targeted him for harassment because he is a Native American, thereby violating his federal constitutional rights. On August 19, 2013, the Magistrate Judge issued a Second Initial Screening Report and Recommendation (“R & R”) in which he recommended that the Court allow this lawsuit to proceed against Defendants Mayor J. Martin Irvine, Fire Chief Brian Robertson, Officer Josh Mowery, and City Services Director Steve Shaw (collectively, “City Defendants”). R & R 11, ECF No. 17. He also recommended that the Court dismiss the remaining Defendants. Id. In addition, the Magistrate Judge recommended that the Court deny Defendants’ motions to strike Plaintiffs first amended complaint. Id. at 11 (denying ECF Nos. 9 & 13). The City Defendants filed timely objections to the R & R. ECF No. 19. The Court now considers those objections.

Sixth Circuit Rejects Constitutional Challenge to Michigan Gaming Control Act

Here are (some of) the materials in Arabo v. Greektown Casino:

Arabo Brief

MGM Brief

Michigan Gaming Control Board Brief

CA6 Unpublished opinion

Section 1983 Complaint against Red Cliff Housing Authority Dismissed

Here are the materials in DePerry v. Deragon (W.D. Wis.):

DCT Dismissing Complaint

DePerry Complaint

Defendants Motion to Dismiss

DePerry Opposition

Defendants Reply

An excerpt:

Asserting a claim pursuant to 42 U.S.C. § 1985(3), Raymond DePerry alleges in his amended complaint defendants fired him as the Executive Director of the Red Cliff Chippewa Housing Authority (“the Authority”) as a result of their conspiracy to interfere with the civil rights of the Authority’s tenants. Defendants, the Authority’s seven-member Board of Commissioners, responded with the instant motion to dismiss that complaint for failure to state a legally-cognizable claim. See Fed.R.Civ.P. 12(b)(6). The court finds that DePerry’s amended complaint contains no allegation or inference of a conspiracy to deprive anyone of civil rights, nor of any class-based animus held by defendants, and will therefore grant defendants’ motion to dismiss.

Federal Court Allows Leave to Amend Civil Rights Complaint against Salt River Police re: Medicinal Marijuana Confiscation

Here are the materials so far in Phillips v. Salt River Police Dep’t (D. Ariz.):

DCT Order

Phillips Complaint

Federal Court Dismisses Treaty “Bad Men” Claim in Police Killing on Uintah and Ouray Indian Reservation

Here are the treaty claim materials in Jones v. Norton (D. Utah):

DCT Order Dismissing Treaty Claim

Motion for Judgment on Pleadings

Plaintiffs’ Opposition

Reply

Federal Court Dismisses Section 1983 Claim against Lower Sioux Tribal Police in Arrest of Tribal Member

Here are the materials in Hester v. Redwood County (D. Minn.):

Order Dismissing Action 8 6 2012

Redwood County Motion to Dismiss

Hester Opposition to Redwood County Motion

Redwood County Reply

Lower Sioux Motion for Summary J

Hester Opposition to Lower Sioux Motion

Lower Sioux Reply

 

Tenth Circuit Affirms Dismissal of Section 1983 Claim against Navajo Nation and Navajo Courts

Here is the unpublished opinion in Chavez v. Navajo Nation Tribal Courts.

An excerpt:

The district court dismissed the case for lack of jurisdiction. The court held that Mr. Chavez’s lawsuit against the Tribal officials could not be maintained in federal court under §1983 because all of his challenges to the Tribal officials’ actions relied on Tribal law. See Burrell v. Armijo, 456 F.3d 1159, 1174 (10th Cir. 2006) (“A § 1983 action is unavailable for persons alleging deprivation of constitutional rights under color of tribal law, as opposed to state law.” (internal quotation marks omitted)); see also Polk Cnty. v. Dodson, 454 U.S. 312, 315 (1981) (observing that acting under color of state law is “a jurisdictional requisite for a § 1983 action”). Turning to the Tribe, the court held–after noting that Mr. Chavez failed to even address the Navajo Nation’s sovereignty–that Congress had not authorized suit “against tribal entities pursuant to 42 U.S.C. § 1983.” R. at 631. See Nanomantube v. Kickapoo Tribe in Kan., 631 F.3d 1150, 1152 (10th Cir. 2011) (“[A]n Indian tribe is not subject to suit in a federal or state court unless the tribe’s sovereign immunity has been either abrogated by Congress or waived by the tribe.”); E.F.W. v. St. Stephen’s Indian High Sch., 264 F.3d 1297, 1302-03 (10th Cir. 2001) (observing that tribal sovereign immunity “is a matter of subject matter jurisdiction”).
Mr. Chavez appeals.

Briefs and lower court materials are here.

Prisoner Case against Riverton Chief of Police Dismissed (Wind River Jurisdiction Issue)

Here are the materials in Dewey v. Riverton Chief of Police (D. Wyo.):

DCT Order Dismissing Dewey Complaint

Wyo. Motion to Dismiss