tribal court exhaustion doctrine – Page 22

As Indianz reported, the federal court has dismissed the claim for failure to exhaust tribal remedies (and in heavy reliance upon the Ninth Circuit’s recent decision in the Water Wheel case).

Here are those materials:

Hualapai Motion to Dismiss

GCSD Opposition

Hualapai Reply

Grand Canyon Skywalk v. Vaughn (DAriz 2011)

Calif. Federal Magistrate Recommends Asserting Jurisdiction over Nevada Tribe ICW Case

June 13, 2011Matthew L.M. Fletcher3 Comments

Here is the court’s summary:

Plaintiff is proceeding pro se in this action, which was referred to the undersigned pursuant to Local Rule 302(c)(21). As a grandparent of two children associated with the Washoe Tribe, plaintiff seeks custody of her grandchildren despite the previous action of the Washoe Tribal Court and the Inter-Tribal Court of Appeal of Nevada. Presently pending is defendant’s motion to dismiss this action pursuant to Fed. R. Civ. P. 12(b)(1) for lack of subject matter jurisdiction, 12(b)(6) for failure to state a claim, for failure to exhaust tribal court remedies and for sovereign immunity.

The interrelationship of federal and tribal courts is a delicate and often complex matter. This case fits that mold. While it is clear that a federal court may have jurisdiction over a non-Indian’s federal claim, Boozer v. Wilder, 381 F.3d 931 (9th Cir. 2004), the parameters of that claim are not clear, i.e., jurisdiction over what. Nor does plaintiff’s complaint make clear what she seeks. Although alleging at one point that the Washoe tribal court lacked jurisdiction, and that she was denied due process in some manner, plaintiff does not clearly specify her precise claims or ask for any certain relief. In supplemental briefing on the jurisdictional question (Docket #25), plaintiff indicated that she wished the children returned to her.

The undersigned finds that the court has subject matter jurisdiction over a claim by plaintiff, and that claim may include an attack on the tribal court jurisdiction and any constitutional claims that plaintiff may have, e.g., lack of due process in taking the children from non-Washoe lands, lack of due process in the tribal court, alleged fundamental right of a grandparent to custody over grandchildren in the circumstances of this case. The undersigned will defer ruling on the validity of any such claims until they are specified with greater particularity and further facts are known. Likewise, the undersigned will not attempt to define now what remedies may be available. The undersigned further concludes that plaintiff has exhausted her tribal court remedies. With respect to sovereign immunity, the court will defer ruling on such a claim until after an amended complaint is filed setting forth with preciseness the nature of plaintiff’s claims and appropriate defendants.

Here are the materials so far in Fred v. Washoe Tribe (E.D. Cal.):

Washoe Motion to Dismiss

Fred Opposition

Washoe Reply

Fred v Washoe Magistrate Report

Federal Court Dismisses Action to Enjoin Tribal Court Action for Failure to Exhaust Tribal Remedies

May 27, 2011Matthew L.M. Fletcher

Here are the materials in City of Wolf Point v. Mail (D. Mont.):

City Motion for Default Judgment

DCT Order Dismissing City Complaint

From the opinion:

This action, alleging jurisdiction under 28 U.S.C. § 1331, was brought by the City of Wolf Point, Mayor DeWayne Jager, Wolf Point Police Commissioners, Wolf Point City Council, Police Chief Jeff Harada, and Troy Melum (collectively “City”) against Julianne Mail (“Mail”) and Alyssa Eagle Boy (“Eagle Boy”). It was filed on the heels of commencement of suit by Mail and Eagle Boy in Fort Peck Tribal Court against the Plaintiffs here, seeking compensatory damages, punitive damages, legal fees, and costs for claims under tribal law arising from an alleged altercation between Mail, Eagle Boy, and Troy Melum, who is characterized as a City of Wolf Point Animal Control Officer. Plaintiffs seek a judgment of dismissal of the pending tribal court case on subject matter jurisdiction grounds.