tribal jurisdiction over nonmembers – Page 3

In light of the clear precedent of Nevada v. Hicks, 533 U.S. 353 (2001), which holds that state law enforcement officers are not subject to suit in a tribal court for claims arising out of the performance of their duties on tribal lands, did the Tenth Circuit Court of Appeals err in requiring Petitioners to exhaust their remedies in the Ute Tribal Court in order to determine whether that Court has jurisdiction to hear a trespass claim arising out of Petitioners’ performance of their official duties that the Ute Indian Tribe brought against them in the Ute Tribal Court?

Lower court materials here.

UPDATE:

Brief in Opposition

NYTs Profile on Cherokee Suit against Opioid Manufacturers and Distributors

December 17, 2017December 17, 2017Matthew L.M. Fletcher1 Comment

Here is “In Opioid Battle, Cherokee Want Their Day in Tribal Court.”

Idaho SCT Enforces Coeur d’Alene Tribal Court Order against Nonmembers

November 6, 2017Matthew L.M. Fletcher

Here is the opinion in Coeur d’Alene Tribe v. Johnson. (PDF)

An excerpt:

Here, the Johnsons assert that the Tribal Court is dominated by the Tribe. They point to the tribal law stating that the Tribe has jurisdiction over the river and to the amount of the fine imposed against them. As discussed above, the Johnsons have failed to show that the Tribe does not have jurisdiction over the bed of the St. Joe River adjoining their property. Further, while the fine was large, it was only one-fifth of that authorized by the tribal code. CTC 44-24.01 (authorizing a fine of $500 per day for unlicensed encroachments). We hold that the Johnsons have failed to show that the Tribal Court was biased.

Further, the Johnsons had more than sufficient notice and opportunity to be heard in the Tribal Court. The record shows the Johnsons were informed of the proceedings on four occasions before default judgment was entered. Despite this, they elected to simply ignore the proceedings in Tribal Court. The Johnsons were not denied due process.

Federal Court Holds Shoshone-Bannock Tribes Have Authority to Impose $1.5M Annual Permit Fee on FMC Corp.

September 29, 2017September 29, 2017Matthew L.M. Fletcher

Here is the order in FMC Corp. v. Shoshone-Bannock Tribes (D. Idaho):

64-1 Tribe Motion on Montana 1

65-1 Tribe Motion on Montana 2

66-1 Tribe Motion on Tribal Process

67-2 FMC Motion on Tribal Process

67-3 FMC Motion on Montana 1

67-4 FMC Motion on Montana 2

72 FMC Opposition re Montana 1

73 FMC Opposition re Montana 2

74 FMC Opposition re Tribal Process

75 Tribe Response re Process

76 Tribe Response re Montana 1

77 Tribe Response re Montana 2

80 Tribe Reply re Process

81 Tribe Reply re Montana 1

82 Tribe Reply re Montana 2

83 FMC Reply re Process

84 FMC Reply re Montana 2

85 FMC Reply re Montana 1

95 DCT Order

News coverage here.

Window Rock Unified School District v. Reeves (Nez) Cert Petition

September 27, 2017November 1, 2017Matthew L.M. Fletcher

Here:

Cert Petition

Question presented:

Whether a tribal court has jurisdiction to adjudicate employment claims by Arizona school district employees against their Arizona school district employer that operates on the Navajo reservation pursuant to a state constitutional mandate to provide a general and uniform public education to all Arizona children.

Lower court materials here.

Update: Arizona Amicus Brief [notably, no other state signed on with Arizona]