tribal sovereign immunity – Page 80

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

June 5, 2013June 5, 2013Matthew 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

June 4, 2013Matthew 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

June 4, 2013Matthew L.M. Fletcher1 Comment

Here:

NCAI Amicus Brief

Prior materials here.

Update in Nooksack Membership Dispute

June 3, 2013June 3, 2013Matthew 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

June 3, 2013Matthew 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Here is the unpublished opinion.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

May 24, 2013Matthew L.M. Fletcher

Here:

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

Prior post here.

Washington COA Decision Involving Tribal Immunity from State Criminal Subpoenas

May 22, 2013Matthew L.M. Fletcher

Here is the opinion in State v. Youde:

Washington COA Opinion

An excerpt:

This case involves a prosecution for delivery of marijuana. The investigating agency was the police department of the Tulalip Tribes. The Tribes asserted sovereign immunity in response to a defense subpoena for information the Tribes deemed immaterial. Recognizing that a sovereign entity is not subject to compulsory process, the superior court quashed the subpoena. The court then granted the defendant’s motion to dismiss the prosecution under CrR 8.3(b). The State appeals the dismissal. We hold the court abused its discretion by dismissing the case without first determining whether the subpoenaed information was material. Because the record does not support a finding of materiality, we reverse the order of dismissal.

Briefs are here: