Federal Court Orders Tribal Exhaustion in Challenge to Lummi Seizure

Here are the materials in Wilson v. Doe (W.D. Wash.):

57 Horton’s Towing Motion for Summary J

61 Wilson Opposition to 57

62 Horton’s Towing Reply

64 Horton’s Towing Response to 60 & 61

65 US Brief

66 Wilson Reply

67 DCT Order

An excerpt:

On October 22, 2014, Plaintiff Curtiss Wilson was stopped by a Lummi Tribe police officer while driving on the Lummi Reservation after drinking at the Lummi Casino. (Dkt. No. 4-1 at 2.) Lummi Tribal Police Officer Grant Austick stopped Plaintiff, searched his 1999 Dodge Ram Pickup, and developed probable cause that Plaintiff was committing a DUI. (Dkt. No. 4-1 at 2.) Officer Austick then called the Washington State Patrol and Plaintiff was arrested. (Id. at 3.) Plaintiff’s truck was towed by Defendant Horton’s Towing and impounded at the direction of the Washington State Trooper. (Id.)

The following day, Lummi Tribal Police Officer Brandon Gates presented a “Notice of Seizure and Intent to Institute Forfeiture” (“Notice of Seizure”) from the Lummi Tribal Court of the Lummi Tribe to Horton’s Towing. (Dkt. No. 4-1 at 3-4, 9.) The seizure and intent to institute forfeiture of Plaintiff’s vehicle was based on violations of the Lummi Nation Code [3]  of Laws (“LNCL”) 5.09A.110(d)(2) (National Indian Law Library 2016) (Possession of Marijuana over 1 ounce), and authorized by LNCL 5.09B.040(5)(A) (National Indian Law Library 2016) (Civil forfeiture section addressing Property Subject to Forfeiture, specifically motor vehicles used, or intended for use, to facilitate the possession of illegal substances.) (Dkt. No. 4-1 at 9.) Horton’s Towing released the truck to the Lummi Tribe. (Id. at 3-4).

Plaintiff brought suit in Whatcom County Superior Court and the case was removed. (Dkt. No. 1.) Plaintiff originally brought claims for outrage, conversion, and relief under 42 U.S.C. §§ 1983 and 1988. (Dkt. No. 4-1 at 7-8.) All of Plaintiff’s claims, save conversion, have been previously dismissed either voluntarily or by Court order. (See Dkt. Nos. 25, 35, and 53.) Plaintiff’s conversion claim against both Horton’s and the United States is based on Horton’s release of the vehicle to the Lummi Tribe pursuant to the order served by Gates. (Dkt. No. 4-1 at 6.)

Defendant Horton’s moves for summary judgment, claiming the release of the vehicle was pursuant to the Notice of Seizure, and [4]  therefore with lawful justification. (Dkt. No. 57.) Plaintiff argues in response that the Notice of Seizure is invalid or not enforceable off the reservation. (Dkt. No. 61.) The United States moves for summary judgment based on, inter alia, Plaintiff’s failure to exhaust his administrative remedies. (Dkt. No. 65.) In response, Plaintiff regurgitates failed arguments from previous briefing, relying on an overturned, out-of-Circuit case and “maintaining” a line of reasoning with respect to Brandon Gates and the scope of employment that this Court has already ruled against. (Dkt. No. 66.)

Ninth Circuit Briefs in Takeda Pharmaceuticals America v. Connelly

Here:

Takeda Opening Brief

Connelly Answer Brief

Takeda Reply Brief

Lower court materials here.

Nebraska v. Parker Background Materials

Here are the materials we’ve collected on Nebraska v. Parker.

Supreme Court Merits Briefs

Nebraska Opening Brief

Omaha Tribal Council Brief

US Brief

Merits Stage Amicus Briefs

Village of Hobart Amicus Brief

NCAI Amicus Brief

Scholars Brief

Cert Stage Briefs

State of Nebraska v Parker cert petition

United States Cert Opp Brief

Eighth Circuit Materials

CA8 Opinion

Nebraska Opening Brief

Tribe Brief

US Brief

Nebraska Reply Brief

District Court Materials

The 2nd amended complaint is here: Complaint

The tribal motion to dismiss is here: Motion to Dismiss

The opposition is here: Opposition to Motion to Dismiss

The reply is here: Reply Brief

The court’s stay order and opinion is here: DCT Order Denying Motion to Dismiss

DCT Order Granting Nebraska Motion to Intervene

Nebraska Motion to Intervene

Opposition to Motion to Intervene

Nebraska Reply in Support of Motion to Intervene

118 Village of Pender Brief

114 Omaha Tribe Brief

127 Federal Brief

126 Nebraska Brief

134 Nebraska Response

135 US Response

136 Village of Pender Response

138 Omaha Tribe Response

140 Opinion

Tribal Court

Village of Pender v Morris — Omaha Tribal Court

Federal Court Dismisses Contract Action against New Mexico Pueblo Consortium

Back in April 2015….

Here are the materials in Corabi v. ENPIC Inc. (D. N.M.):

6 Motion to Dismiss

8 Opposition

10 Reply

13 DCT Order

Federal Court Orders Tribal Court Exhaustion in AT&T v. Oglala Sioux Tribe Utility Commission

Here are the materials:

19 Motion to Dismiss

20 Opposition

21 Reply

29 First Amended Complaint

30 DCT Order

Ninth Circuit Oral Argument in Window Rock Unified School District v. Nez (Formerly Reeves)

Here.

Briefs and lower court materials here.

Federal Court Refuses to Reconsider Tribal Court Exhaustion Order

Here are the materials in Glacier Electric Cooperative, Inc. v. Gervais (D. Mont.):

13 Motion to Amend

14 Response

17 Reply

18 DCT Order

The original order is here.

Federal Court Rejects Tribal Court Exhaustion in Death Benefit Action

Here are the materials in Texas Life Insurance Company v. Raper (W.D. Okla.):

1-7 Tribal Court Petition

14 Raper Motion to Dismiss

16 Response

18 DCT Order

Can’t be sure because I only skimmed it, but it looks apparent the court ignored the tribal court exhaustion doctrine and proceeded directly to the jurisdictional analysis.

Federal Court Orders Tribal Court Exhaustion in Sprint Communications Dispute with Oglala Sioux Tribe

Here are the materials in Sprint Communications Co. L.P. v. Wynne (D. S.D.):

13 Sprint Motion for PI

21 Opposition

27 Reply

36 DCT Order

United States Cert Opposition Brief in Nebraska v. Parker

Here:

US Cert Opp Brief

Cert petition and link to lower court materials here.