tribal sovereign immunity

Florida COA Affirms Immunity of Tribal Official Acting within Scope of Authority

Matthew L.M. Fletcher

Here is the per curiam opinion in Ulizio v. MMMG LLC:

opinionDownload

MCN Supreme Court Decides Thlopthlocco Tribal Town v. Anderson

Matthew L.M. Fletcher
doc.-19-order-and-opinion-02282022Download
Annual Report of Extension and Industry, Five Civilized Tribes, Muskogee, OK, 1940

Louisiana Federal Court Dismisses Civil Rights Suit against Chitimacha by Former Casino CFO

Matthew L.M. Fletcher

Here are the materials in Spivey v. Chitimacha Tribe of Louisiana (W.D. La.):

1 Complaint

16-1 Motion to Dismiss

20 Opposition

23 Reply

24 Magistrate Report

27 DCT Order

St. Mary and Franklin Banner Tribune, 2/18/2016
Morgan City Daily Review, 10/6/2016

Cert Petitions Filed on Habematolel Pomo of Upper Lake Internet Lending

Matthew L.M. Fletcher

Here is the petition in Treppa v. Hengle:

treppa-petitionDownload

Appendix

Treppa Application for Stay

Hengle Opposition

Reply

Questions presented:

  1. Whether a court can invalidate an agreement to have an arbitrator resolve questions of arbitrability (a “delegation clause”) based on the court’s interpretation of a separate choice-of-law provision.
  2. Whether sovereign immunity bars private plaintiffs from suing tribal government officials, in their official
    capacities, for alleged violations of state law

Lower court materials here.

In the tule swamp–upper lake Pomo [LOC]

Here is the petition in a related case, Asner v. Hengle:

asner-petition-and-appendixDownload

Question presented:

Can a federal court refuse to enforce the delegation clause of an arbitration agreement on the ground that a choice-of-law provision applicable to the arbitration agreement as a whole prospectively waives federal rights?

Materials in Cedarville Rancheria Claim to Immunity under Bankruptcy Act

Matthew L.M. Fletcher

Here are materials in In re Diven (E.D. Cal. Bkrcy.):

86 Diven Motion for Sanctions

111 Amended Opposition to Motion for Sanctions (FINAL)

114 Debtors Reply

116 Diven Decision

117 Order on Sanctions

Delegation representing 20,000 Californian Indians meeting with Senator Hiram Johnson: Photograph shows a delegation of eight Native American men from California representing 300 tribes and bands of Californian Indians meeting with Senator Johnson during visit to Congress to petition them to honor the Lost Treaties of 1851 and 1852; delegation members include Alfred C. Gillis (Wintun), Thomas H. Billings (Scotts Valley), Harrison Diaz (Paiute), William Fuller (Me-Wuk), Frank Isles (Klamath), Stephen Night (Ukiah), Albert Wilder (Central Klamath).  [LOC]
joint-petition-for-permission-to-appeal-under-28-usc-158d2a-1.21.22-with-exhibit-a-final-1Download

Michigan Federal Court Declines to Enjoin State Court Action against Kewadin Casinos [Sault Tribe]

Matthew L.M. Fletcher

Here are the updated materials in Kewadin Casinos Gaming Authority v. Draganchuk (W.D. Mich.):

10 Response to Motion.pdfDownload
11 Reply.pdfDownload
15 DCT Order.pdfDownload

Prior post here.

Law360 reports the state court held the tribe in contempt for failure to respond to discovery requests. Everyone’s got a litigation strategy, I guess. You can watch the hearing below.

Sault Ste. Marie, MI

Coyote Band of Pomo Indians Brings Suit in Federal Court to Stop State Court Jurisdiction in Favor of Tribal Court

Matthew L.M. Fletcher

Here are the materials so far in Coyote Band of Pomo Indians v. Findleton (Calif. Ct. App.):

9 Motion for Preliminary Injunction

26 First Amended Complaint

27 Motion for TRO

Update (3/8/2022):

41 Bank Opposition to Motion for PI

42-1 Findleton Motion to Dismiss

43 Findleton Opposition to Motion for PI

44 Findleton Opposition to Motion to Deposit Property

49-1 Bank Motion to Dismiss

51 Judge Opposition

56 Judge Motion to Dismiss

58 Reply

58 Tribe Reply in Support of Motion for PI

59 Tribe Reply in Support of Motion to Deposit Property

South Dakota Federal Court Dismisses ICRA Claims (again) against Oglala Tribal

Matthew L.M. Fletcher

Here are the materials in Stanko v. Oglala Sioux Tribal Public Safety Division (D.S.D.):

1 Complaint

7-2 Tribal Exclusion Order

8 Motion for PI

8-1 Tribal Bench Warrant

11 DCT Order

Prior suit here.

Wassaja, Aug. 1976

Ninth Circuit Briefs in Section 1983 Suit against Warm Springs Tribal Police

Matthew L.M. Fletcher

Here are the briefs in Weaver v. Gregory:

Opening Brief

Answer Brief

Tribal Amicus Brief

Lower court materials here.

North Carolina COA Dismisses Appeal in Property Claim Involving Eastern Band Cherokee

Matthew L.M. Fletcher

Here are the materials in Miller v. Eastern Band of Cherokee Indians (N.C. Ct. App.):

Miller Brief

Tribe Brief

Reply

Unpublished Opinion