tribal sovereign immunity

Federal Court Dismisses (with Leave to Amend) Indian Child Custody Suit against Mooretown Rancheria

Matthew L.M. Fletcher1 Comment

Here are the materials in Hall v. Mooretown Rancheria (E.D. Cal.):

DCT Order Dismissing Complaint, Granting Leave to Amend

Hall Pro Se Complaint

Mooretown Motion to Dismiss

The interesting twist is the court’s treatment of Maxwell v. County of San Diego:

Pro se pleadings are liberally construed. … Unless it is clear that no amendment can cure the defects of a complaint, a pro se plaintiff proceeding in forma pauperis is entitled to notice and an opportunity to amend before dismissal. … The court is unable to determine a jurisdictional basis for this action as presently written.  Defendants Mooretown Rancheria, Feather Falls Casino, Gary Archuleta, and Francine McKinley are immune from this suit due to Mooretown Rancheria’s soverign immunity, or extension thereof. Also, any allegation made by plaintiff against defendant Rasmussen is wholly insubstantial and frivolous.

However, in the recent case of Maxwell v. County of San Diego, 697 F.3d 941, 954-955 (9th Cir. 2012), the Ninth Circuit refused to extend Cook v. AVI Casino to actions against tribal officials in their individual capacity. It is possible, although doubtful when viewing the present allegations, that plaintiff could amend the complaint to state individual actions.

Because the court lacks jurisdiction over the action as presently pled, the undersigned will not at this time reach any alternative arguments on the merits as if it had jurisdiction.

Federal Court Denies Tribal Intervention Motions in KG Urban v. Patrick

Matthew L.M. Fletcher2 Comments

Here is that order:

DCT Order Denying Intervention

The intervention motions are here.

Update Federal District Court Materials in Yakama/Washington Tax Dispute

Matthew L.M. Fletcher

Here are updated materials in State of Washington v. Yakama Nation Tribal Court (E.D. Wash.):

DCT Denying Motion to Dismiss for Ineffective Service

DCT Order Denying Motion to Compel Arbitration

Yakama Motion to Compel Arbitration

Yakama Motion to Dismiss for Ineffective Service

State Opposition to Yakama Motions

Yakama Reply on Arbitration

Yakama Reply on Ineffective Service Motion

Prior posts are here and here. The case is pending in the CA9 — materials here.

Tonasket v. Sargent Cert Petition — Challenge to Colville Tax Compact

Matthew L.M. Fletcher3 Comments

Here:

Tonasket v Sargent Cert Petition

Questions presented:

1. Whether Indian tribal immunity from suit allows the Indian tribe, a price fixing competitor, to be immune from federal anti-trust laws?

2. Whether the officials of an Indian tribe that include the tribe’s tobacco tax administrator, acting in violation of federal law, can be protected by tribal immunity when prospective relief is sought?

Lower court materials here.

Second Circuit Affirms Dismissal of Gambling Addict’s Suit against Foxwoods

Matthew L.M. Fletcher

Here is the order in Tassone v. Foxwoods Resort Casino:

CA2 Summary Order

Briefs are here.

Lower court materials here.

Tort Claims Styled as Compact Breach against Barona Band Dismissed

Matthew L.M. Fletcher

Here are the materials in Nasella v. Barona Valley Ranch Resort and Casino (S.D. Cal.):

DCT Order Granting Motion to Dismiss

Barona Valley Motion to Dismiss

Nasella Complaint

NCAI Amicus Brief in Rape v. Poarch Band

Matthew L.M. Fletcher1 Comment

Here:

NCAI Amicus Brief

Prior materials here.

Update in Nooksack Membership Dispute

Matthew L.M. Fletcher2 Comments

News coverage here. Previous post on the recent tribal court litigation. And an update on tribal court filings:

Second Declaration of Gabriel S. Galanda

And a federal complaint alleging FOIA violations by the Bureau of Indian Affairs — St. Germain v. Dept. of Interior (W.D. Wash.):

St Germain v Interior Complaint

 

Ninth Circuit Dismisses Fred v. Washoe Tribe Appeal

Matthew L.M. Fletcher

Here is the unpublished opinion.

Briefs:

Washoe Tribe Opening Brief

Fred Brief

From the opinion:

This is an interlocutory appeal asserting jurisdiction in this court under the collateral order doctrine. The underlying claims relate to the Washoe Tribe’s decision to take custody of the plaintiff’s grandchildren due to allegations of abuse by the grandchildren’s mother (the plaintiff’s daughter). After pursuing tribal  remedies, the grandmother, Ms. Fred, filed suit against the Tribe in federal district court. The district court dismissed for failure to state a claim with leave to amend. The Tribe appeals the district court’s dismissal in its favor because the dismissal was without prejudice, arguing that the complaint should have been dismissed with prejudice for three reasons: 1) failure to exhaust tribal court remedies; 2) tribal sovereign immunity; and 3) lack of subject matter jurisdiction.

Prior posts on this case here and here.

Colorado Order Granting Summary Judgment Against Butch Webb Reinstated

Matthew L.M. Fletcher

Here:

Amended Order Reinstating the Courts April 15, 2013 Order Granting Plaintiffs Motion for Summary Judgment

Prior post here.