Maybe I’m missing something, but HOLY COW! Now state courts have jurisdiction under the Indian Civil Rights Act?!?!? I thought Santa Clara Pueblo v. Martinez settled the question, holding that tribal courts have exclusive jurisdiction over ICRA claims.

This case, State v. Madsen, decided two days ago by the South Dakota Supreme Court, has no discussion of the court’s jurisdiction to apply ICRA to tribal law enforcement, so maybe there’s some agreement or something in which the tribe (Flandreau Santee Sioux Tribe) agreed to state court adjudication of ICRA claims arising out of police activities at the tribe’s casino.