Southern District of Florida

Church Parishioners Cert Petition in Seminole Tribe Immunity Case

Matthew L.M. Fletcher

Here is the petition in Eglise Baptiste Bethanie De Ft. Lauderdale Inc. v. Seminole Tribe of Florida:

Eglise Baptiste v Seminole Cert Petition

Questions presented:

(1) Is a Native American tribe sovereignly immune from a civil suit for damages caused by the off-reservation violations by its police officers of the “place of religious worship” provisions of the Freedom of Access To Clinic Entrances Act of 1994, 18 U.S.C. § 248(a)(2) (“the Access Act”)?
(2) Are the “place of religious worship” and civil remedies provisions of the Access Act, as applied to a congregational leadership dispute, unenforceable because those provisions violate the Establishment of Religion and Free Exercise of Religion Clauses of the First Amendment to the United States Constitution?

Lower court materials here.

Update:

Seminole BIO

Eleventh Circuit Affirms Dismissal of Suit by Church Parishioners Against Seminole Tribe

Matthew L.M. Fletcher

Here is the unpublished opinion in Eglise Baptiste Bethanie De Ft. Lauderdale, Inc. v. Seminole Tribe of Florida. (PDF)

Briefs:

Appellant Brief

Seminole Brief

Aida Auguste Brief

Reply

Lower court materials here.

Federal Court Dismisses Pro se Title VII Complaint against Seminole Tribe

Matthew L.M. Fletcher

Here are the materials in Janiver v. Seminole Hard Rock Hotel Casino (S.D. Fla.):

1 Notice of Removal

1-3 State Court Complaint

4 Motion to Dismiss

10 DCT Order

13 DCT Order Denying Motion to Reopen

Federal Suit against Seminole Tribe by Church Parishioners Dismissed

Matthew L.M. Fletcher

Here are the materials in Eglise Baptiste Bethanie De Ft. Lauderdale, Inc. v. Seminole Tribe of Florida (S.D. Fla.):

21 First Amended Complaint

26 Auguste Motion to Dismiss

28 Tribe Motion to Dismiss

30 Response to 26

31 Response to 28

33 Auguste Reply

35 Tribe Reply

50 DCT Order

Seminole Tribe Prevails in Tribal Court Exhaustion Matter

Matthew L.M. Fletcher1 Comment

Here are the materials in Asker v. Seminole Tribe of Florida (S.D. Fla.):

Askar Seminole [DE 42] Def. Seminole Ct. Resp. in Opp. to M. to Vacate

Defendant’s, the Seminole Tribe of Florida Trial Court, Motion to Dismiss

Defendant’s, The Seminole Tribe of Florida Trial Court, Response in Opposition

Order of Dismissal Without Prejudice

Order on Motion to Vacate