tribal sovereign immunity

Sovereign Lending Tribe Wins Partial Victory in Conn. SCT

Matthew L.M. Fletcher

Here is the opinion in Great Plains Lending LLC v. State of Conn. Dept. of Banking:

Connecticut SCT Opinion

Briefs here.

Cert Stage Materials in Seneca County v. Cayuga Indian Nation [property tax]

Matthew L.M. Fletcher

Here:

Seneca County Petition Final

Brief in Opposition

Reply

Lower court materials here.

 

Trespassers to Colville Lands Owe $1.4M in Back Rent

Matthew L.M. Fletcher

Here are the materials in Grondal v. United States (E.D. Wash.) after trial:

674 Plaintiffs Trial Brief

676 US Trial Brief

694 DCT Findings of Fact and Conclusions of Law

Prior post here.

SCOTUS Denies Cert in Challenge to Seminole Tribe’s Sovereign Immunity

Matthew L.M. Fletcher

Here is today’s order list.

Here are the cert stage materials in Eglise Baptiste Bethanie De Ft. Lauderdale, Inc. v. Seminole Tribe of Florida.

Jamul Action Committee v. Simermeyer Cert Petition

Matthew L.M. Fletcher

Here:

Jamul Pet2

Questions presented:

1. Whether, in 1994, Congress eliminated the distinction between “historic tribes” and “created tribes” and, thereby, eliminated the requirement that a tribe must have pre-existed the United States to have tribal immunity
2. Whether the JIV, which became a quarter-blood Indian group in 1996, is a federally recognized tribe, with tribal immunity, by virtue of the fact that it is still on the list of “Indian tribal entities” eligible to receive BIA services.

Lower court materials here.

Oral Argument in Appeal re: Tribal Sovereign Immunity Under the Clean Water Act

Matthew L.M. Fletcher

Here:

Briefs here.

Federal Court Dismisses Tribal Police Officer Suit against Moapa Band

Matthew L.M. Fletcher

Here are the materials in Dutchover v. Moapa Band of Paiute Indians (D. Nev.):

8 Amended Complaint

28 Motion to Dismiss

37 Response

42 Reply

53 DCT Order

Federal Suit against MHA Nation-Affiliated Lending Business Stayed Pending Fourth Circuit Decision in Hengle v. Treppa

Matthew L.M. Fletcher

Here are the materials in Manago v. Cane Bay Partners VII LLLP (D. Md.):

40 Amended Complaint

73-1 Motion to Stay

76 Opposition

82 DCT Order Granting Motion for Stay

The briefs in Hengle v. Treppa are here.

Ute Tribe Sanctioned for Abuse of Judicial Process/Acting in Bad Faith

Matthew L.M. Fletcher

Here are the new materials in the long-running Becker v. Ute Indian Tribe of the Uintah and Ouray Reservation (D. Utah):

205 Becker Notice of Intent to Subpoena

206 Tribe Motion to Quash

210 Opposition

211 Reply

221 DCT Order to Show Cause

228 Response to Order to Show Cause

234 Becker Memorandum re Tribe’s Documents

235 Becker Response to Order re Sanctions against Tribe

238 Jurrius Reply

243 Tribe Reply

244-1 Becker Surreply

260 DCt Order

261 DCT Order re Unsealing

261-1 Arbitration Statement of Claims

261-2 Jurrius Counterclaims

261-3 Tribe’s Response

261-4 Settlement Agreement

262 Becker Statement of Fees

263 Jurrius Statement of Fees

269 DCT Order Denying Motion for Reconsideration

270 Tribe Motion to Reconsider 260

273 Tribe Objection to 263

274 Tribe Objection to 262

276 Opposition to 270

280 Response to 273

281 Reply in Support of 270

Prior post here.

Federal Court Dismisses Prisoner Suit Seeking CARES Act Money from Kiowa Tribe

Matthew L.M. Fletcher

Here are the materials in Strange v. Kiowa Tribe (W.D. Okla.):

1 Complaint

12 Magistrate Report

15 DCT Order