tribal sovereign immunity

Federal Court Rules Tribal Officers Not Immune; Tort Claims May Proceed against Tribal Police (Black v. US)

Matthew L.M. Fletcher

This is the third ruling in Black v. United States (W.D. Wash.):

53 Joint Tribal Motion to Dismiss

69 Black Response

77 Joint Tribal Reply

83 DCT Order

Claims against the tribes are dismissed. The court dismissed Kitsap County here. And the US here.

Voluntary Dismissal Order in Begay v. Begay

Matthew L.M. Fletcher

Here:

AZ Dist Ct Notice of Voluntary Dismissal

Prior posts here, here, and here.

Michigan’s Response to Sault Tribe Renewed Motion to Dismiss

Matthew L.M. Fletcher

Here are updated materials in State of Michigan v. Sault Ste. Marie Tribe of Chippewa Indians (W.D. Mich.):

53-1 Michigan Motion to Revise DCT Order Dismissing Tribal Officials

55 Michigan Response to Motion to Dismiss

Sault Tribe’s motion is here.

Tenth Circuit Supplemental Briefs in Oklahoma v. Hobia re: Bay Mills Decision

Matthew L.M. Fletcher1 Comment

Here:

Oklahoma Supplemental Brief re Bay Mills

Tribal Supplemental Brief re Bay Mills

The Tenth Circuit previously abated this matter pending the outcome in Michigan v. Bay Mills.

Opening Eleventh Circuit Briefs in Alabama v. PCI Gaming

Matthew L.M. Fletcher

Here:

Alabama Opening Brief

State of Michigan et al. Amicus Brief

Lower court materials here.

New York Appellate Division Refuses to Disturb Injunction in Chukchansi Leadership Dispute

Matthew L.M. Fletcher

Here is the opinion in Wells Fargo Bank NA v. Chukchansi Economic Development
Authority (N.Y. A.D.):

Wells Fargo v Chukchansi

An excerpt:

Appellants contend that defendants-respondents Nancy Ayala, Karen Wynn, Charles Sargosa, and Tracy Brechbuehl (the Ayala faction or the individual Ayala defendants) do not enjoy sovereign immunity because their actions were illegal and not performed in an official capacity. However, to decide whether the Ayala faction’s actions were illegal, a court would have to determine whether the Ayala faction was the legitimate Tribal Council; this it may not do (see Sac & Fox, 340 F3d at 767).

Briefs:

Wells Fargo Brief

Chukchansi Brief (Marsten)

Chukchansi Brief (Rosette)

Lower court materials here, here, and here.

Florida Appellate Court Vacates $4.1M Judgment against Miccosukee Tribe

Matthew L.M. Fletcher

Here is the opinion in Miccosukee Tribe v. Bermudez (Fla. App.):

3D13-2153

We posted on two prior Florida appellate opinions related to this matter (there are apparently ten overall) here and here.

H/T Pechanga.

Federal Court Denies TRO in Begay v. Begay

Matthew L.M. Fletcher1 Comment

Here:

28 NNOGC-Begay-DKT-0028-000 ME Order Denying TRO

Prior posts here and here.

Second Circuit En banc Petition by Stockbridge-Munsee Community

Matthew L.M. Fletcher1 Comment

Here:

6-30-14 Petition for Rehearing En Banc

An excerpt:

The panel decision conflicts with the May 19, 2014 decision of the United States Supreme Court in Petrella v.Metro-Goldwyn-Mayer, Inc., 134 S.Ct. 132; 188 L.Ed.2d 979 (2014) (Petrella). Petrella held that courts may not override Congress’ judgment and apply equitable defenses to summarily dispose of claims at law filed within a statute of limitations established by Congress. The panel’s Per Curiam decision ruled that Plaintiff-Appellant Stockbridge-Munsee Community’s (Stockbridge) damages claims, which were filed within the congressionally established limitations period, are barred by the Sherrill equitable defense. Stockbridge-Munsee Cmty. v. New York; Slip Op. at 8, 2014 WL 2782191 (2d Cir. June 20, 2014) (Slip Opinion attached as Appendix). The panel’s failure to follow Petrella warrants en banc review under Fed. R. Civ. P. 35.

Panel materials here.

Eighth Circuit Briefs in Tribal Court Jurisdiction Matter — Belcourt Public School District v. Davis

Matthew L.M. Fletcher3 Comments

Here:

Belcourt Public School District Opening Brief

Tribal Response Brief

Belcourt Public School District Reply Brief

Lower court materials here.