tribal sovereign immunity

Federal Court Quashes Third Party Subpoena of Fort Belkap Indian Community Officers and Docs

Matthew L.M. Fletcher

Here are the materials in Matt v. United States (D. Mont.):

26 Motion to Compel

37 Fort Belknap Motion to Quash

40-1 Opposition to Motio to Quash

42 Fort Belknap Reply

45 DCT Order Granting Motion to Quash

The underlying complaint against the US is here:

1 Complaint

News coverage.

Illinois Appellate Court Holds Tribe Retained Immunity Despite Ambiguous Contract Language

Matthew L.M. Fletcher

Here is the unpublished opinion in ACF Leasing v. Oneida Seven Generations Corp. (PDF).

Briefs:

Appellant Brief

Tribal Response Brief

Reply Brief

California Court of Appeals Orders Depublication of Cosentino Opinion

Matthew L.M. Fletcher1 Comment

Here:

Cosentino

Depublication briefs here, here, and here.

Opinion here.

Otoe-Missouria Tribe of Indians Seeks to Quash Third-Party Subpoena in Class Action re: Sovereign Lending

Matthew L.M. Fletcher

Here is the motion in Dillon v. BMO Harris (W.D. Okla.):

1 Motion to Quash

Here are materials in the North Carolina portion of this suit.

Prisoner Suit against Sault Tribe (and many others) Dismissed under Prison Litigation Reform Act Screening

Matthew L.M. Fletcher

Here is the order in Fleming v. Manistique Public Safety (W.D. Mich.):

6 DCT Order

Federal Court Holds Tribes Immune from Fair Credit Reporting Act Claims

Matthew L.M. Fletcher2 Comments

Here are the materials in Meyers v. Oneida Tribe of Indians of Wisconsin (W.D. Wis.):

14 Oneida Motion to Dismiss

19 Meyer Opposition

20 Oneida Reply

23 DCT Order

Eleventh Circuit Rules in Favor of Poarch Band in Gaming Dispute with Alabama

Matthew L.M. Fletcher

Here is the opinion in State of Alabama v. PCI Gaming Authority.

Briefs are here.

Flandreau Santee Sioux Tribe Prevails in Contract Action against Gaming Management Company

Matthew L.M. Fletcher

Here is the opinion in Flandreau Santee Sioux Tribe v. Bettor Racing Inc. (Flandreau Santee Sioux Tribal Court):

Memorandum Decision and Order Granting PLTS MSJ

Materials in a related federal case are here and here.

Turtle Talk Poll — The Enduring Legacy/Aftermath of Santa Clara Pueblo v. Martinez

Matthew L.M. Fletcher1 Comment

Santa Clara Pueblo v. Martinez is patently one of the two or three most important and perhaps controversial Supreme Court decisions affecting Indian nations and Indian people. In light of Steve Russell’s four part ICT series, we wonder what Turtle Talk readers think about Martinez.

As we think of them, we may add a question or two.

Update – here’s one!

 

Civil Rights Suit against Nisqually Jail Officials Dismissed for Failure to Exhaust Tribal Remedies

Matthew L.M. Fletcher

Here are the materials in Hardie v. Nisqually Corrections Superintendent (W.D. Wash.):

18 Nisqually Motion to Dismiss

22 Magistrate R&R

25 DCT Order