Here are the materials in Acres v. Blue Lake Rancheria Tribal Court (N.D. Cal.):
tribal court exhaustion doctrine
Tenth Circuit Orders Tribal Exhaustion in Sac and Fox Suit against Financial Planners
Here are the materials in United Planners Financial Services of America LP v. Sac and Fox Nation:
Lower court materials here.
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
64 Horton’s Towing Response to 60 & 61
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
Nebraska v. Parker Background Materials
Here are the materials we’ve collected on Nebraska v. Parker.
Supreme Court Merits Briefs
Merits Stage Amicus Briefs
Village of Hobart Amicus Brief
Cert Stage Briefs
State of Nebraska v Parker cert petition
Eighth Circuit Materials
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
Opposition to Motion to Intervene
Nebraska Reply in Support of Motion to Intervene
136 Village of Pender Response
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.):
Federal Court Orders Tribal Court Exhaustion in AT&T v. Oglala Sioux Tribe Utility Commission
Here are the materials:
Ninth Circuit Oral Argument in Window Rock Unified School District v. Nez (Formerly Reeves)
Federal Court Refuses to Reconsider Tribal Court Exhaustion Order
Here are the materials in Glacier Electric Cooperative, Inc. v. Gervais (D. Mont.):
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.):
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.
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