Treaty of Point No Point

Federal Court Dismisses Skokomish Treaty Rights Claims against State under 11th Amendment and Rule 19

Matthew L.M. Fletcher2 Comments

Here are the materials in Skokomish Indian Tribe v. Goldmark (W.D. Wash.):

59 State Defendants Motion to Dismiss

60 Prosecuting Attys Motion to Dismiss

67 Tribal Amici Motion to Dismiss

71 Skokomish Reponse

116 DCT Order Dismissing Complaint

An excerpt:

Being fully advised, the court GRANTS both motions on grounds that Skokomish Indian Tribe failed to join certain other Indian tribes in this action. These other tribes are required parties under Federal Rule of Civil Procedure 19, but cannot be joined due to their sovereign immunity. Because the court concludes that the action cannot proceed “in equity and good conscience” without these other tribes, see id., the court dismisses Skokomish Indian Tribe’s action without prejudice. With respect to Defendants Goldmark and Young only, the court also grants Defendants’ motions to dismiss on grounds of Eleventh Amendment sovereign immunity and because Skokomish Indian Tribe has failed to state a claim under Federal Rule of Civil Procedure 12(b)(6). Nevertheless, despite granting Defendants’ motions, the court also grants Skokomish Indian Tribe leave to amend its Amended Complaint.

We posted the complaint here.

Skokomish Tribe Files Treaty Hunting/Gathering Suit against State of Washington

Matthew L.M. Fletcher1 Comment

Here is the complaint in Skokomish Indian Tribe v. Goldmark (W.D. Wash.):

1 – Complaint

An excerpt:

2. Plaintiff, Skokomish Indian Tribe, brings this action to protect the privilege of hunting and gathering roots and berries on open and unclaimed lands, guaranteed by Article 4 of the Treaty of Point No Point of January 26, 1855, (“Privilege”). 12 Stat. 933.
3. Plaintiff, Skokomish Indian Tribe’s territory as related to the Privilege of hunting and gathering includes:
a. All lands within the Twana territory; and
b. All lands within the ceded area boundaries established in Article 1 of the Treaty of Point No Point of January 26, 1855 (12 Stat. 933); and
c. All lands within the exterior boundaries of Plaintiff, Skokomish Indian Tribe’s Reservation; and
d. All lands within Plaintiff, Skokomish Indian Tribe’s traditional use areas; and
e. All other lands not within the exclusive hunting and gathering territories of other Indian tribes or bands recognized by the Secretary of the Interior.
(“Territory”).