tribal sovereign immunity – Page 70

Here is a new class action filed in California, Labajo v. First International Bank & Trust (C.D. Cal.), alleging involvement by Miami Tribe and Santee Sioux:

1 Class Action Complaint

And another First International-related suit, Graham v. BMO Harris Bank NA (D. Conn.):

176-1 First International Motion to Dismiss

179 Russo Response

180 First International Reply

Response Brief in Lomeli v. Kelly

April 17, 2014Matthew L.M. Fletcher

Here:

Lomeli v Kelly COA Contempt Response Brief of Appellees

Update in Black v. US — Tort Claims Related to Shooting by Tribal Police

April 17, 2014April 22, 2014Matthew L.M. Fletcher1 Comment

Here are the updated materials in Black v. United States (W.D. Wash.):

39 Amended Complaint

46 Kitsap County Motion to Dismiss

53 Joint Tribal Motion to Dismiss

62 DCT Order Dismissing Kitsap County Sheriff’s Office

Only the tribal defendants remain in the case. Prior post on this matter here.

Tribal Immunity Panel at Fed Bar 2014

April 11, 2014April 11, 2014Matthew L.M. Fletcher

Patrice Kunesh, Bill Wood, Elizabeth Conway, Jenn Weddle

Incidentally, Bill Wood’s paper, It Wasn’t An Accident: The Tribal Sovereign Immunity Story, is here.

Federal Court Dismisses Alabama v. PCI Gaming Authority

April 10, 2014Matthew L.M. Fletcher2 Comments

Here are the materials in State of Alabama v. PCI Gaming Authority (M.D. Ala.):

1 PBCI Notice of Removal + Exhibits

14 PBCI Motion to Dismiss

17 Alabama Opposition

21 US Amicus Brief

31 Alabama Response to US Amicus

33 Michigan Amicus Brief

35 Poarch Band Reply

43 Order Granting Motion to Dismiss

D.C. Circuit Briefs in Amador County v. Dept. of Interior (Amador II) — Buena Vista Rancheria Motion to Intervene

March 26, 2014October 10, 2014Matthew L.M. Fletcher1 Comment

Here:

Buena Vista Opening Brief

Amador County Brief

Buena Vista Reply Brief

DOI Letter

UPDATE: oral argument audio here.

Lower court materials:

59-1 Buena Vista Rancheria Motion to Intervene

61 Amador County Opposition

62 Buena Vista Reply

65 DCT Order Denying Motion to Intervene

Materials in related cases:

Materials in Amador I.

Materials in Friends of Amador County v. Jewell.

Federal Court Requires Exhaustion of Tribal Remedies in ICRA Habeas Claim

March 24, 2014Matthew L.M. Fletcher1 Comment

Here are the materials in Styliest v. Rosebud Sioux Tribe (D.S.D.):

1 Habeas Petition

5 DCT Order Denying Habeas Writ

The Eighth Circuit denied petitioner’s direct appeal of his federal conviction here.

Federal Court Refuses to Dismiss Suit against Alaska Assn. of Village Presidents on Immunity Grounds

March 24, 2014Matthew L.M. Fletcher1 Comment

Here are the materials in Eaglesun Systems Products Inc. v. Association of Village Council Presidents (N.D. Okla.):

22 Motion to Dismiss

25 Opposition

33 Reply

41 DCT Order Denying Motion to Dismiss

An excerpt:

Now before the Court are the following motions: Defendant’s Motion to Dismiss (Dkt. # 22), Plaintiff’s Motion to Strike (Dkt. # 27), and Plaintiff’s Motion for Jurisdictional Discovery (Dkt. # 36). Defendant Association of Village Council Presidents (AVCP) argues that it has sovereign immunity from suit because all of its members are federally-recognized Indian tribes and AVCP was created to provide governmental services for its members. Plaintiff Eaglesun Systems Products, Inc. responds that AVCP is a non-profit corporation organized under state law, and it is not entitled to sovereign immunity as an Indian tribe or as a tribal organization. Plaintiff also requests leave to conduct jurisdictional discovery before the Court rules on defendant’s motion to dismiss.