Here is the unpublished opinion in City of Duluth v. Fond du Lac Band of Lake Superior Chippewa (Minn. App.).
tribal sovereign immunity
Miller v. Wright Cert Petition
Here:
Questions presented:
The questions presented in this case are:
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, acting beyond their authority, can be protected by tribal immunity when prospective relief is sought?
Timbisha Leadership Dispute Dismissed under Rule 19
My favorite rule!
Here are the materials in Timbisha Shoshone Tribe v. Dept. of Interior (E.D. Cal.):
2011 Elected Council Motion to Dismiss
Death Valley Council Opposition
DCT Order Dismissing Complaint
Prior post on the PI stage of this case here.
Poarch Band Creek Motion to Dismiss State of Alabama Suit Challenging Tribal Bingo under State Nuisance Theory
Here are the updated materials in State of Alabama v. PCI Gaming Authority (M.D. Ala.):
PBCI Notice of Removal + Exhibits
Prior post here.
News coverage here.
Luckerman v. Narragansett Indian Tribe: Suit to Recover Attorney Fees
Here is the tribe’s notice of removal to federal court, and the state court complaint is attached:
Notice of Removal + State Court Complaint
Materials in Denial of Yakama Motion to Dismiss Washington v. Yakama Tribal Court
Federal Court Dismisses Pala Band Membership Claims On Sovereign Immunity Grounds
Here are the materials in Allen v. Smith (S.D. Cal.):
17.1 – Defendants’ Memorandum Supporting Motion to Dismiss
18 – Plaintiffs’ Opposition to Motion to Dismiss
23 – Defendants’ Reply Supporting Motion to Dismiss
26 – Plaintiffs’ Notice of Recent Authorities
28 – Defendants’ Response to Notice of Recent Authorities
31 – Plaintiffs’ Notice of Additional Recent Authorities
33 – Defendants’ Response toNotice of Additional Recent Authorities
36 – District Court Order Dismissing Action
Judge William Q. Hayes of the Southern District of California ruled that sovereign immunity barred claims against the Pala Band of Mission Indians seeking enrollment in the Tribe and money damages. Importantly, the court distinguished the Ninth Circuit’s recent decision in Maxwell v. San Diego County.
Here are some key excerpts:
The Maxwell court distinguished the facts of its case from Hardin v. White Mountain Apache Tribe, 779 F.2d 476 (9th Cir. 1985), a case where the plaintiff sued tribal council members for allegedly ordering tribal police to eject plaintiff from tribal land. Id. at 478. The Court of Appeals for the Ninth Circuit in Hardin concluded that the council members “had act[ed] in their representative capacity and within the scope of their authority.” Id. at 479. “Holding the defendants [in Hardin] liable for their legislative functions would … have attacked the very core of tribal sovereignty.” Maxwell, 2013 WL 542756 at *12.
. . .
Based upon the “essential nature and effect” of the injunctive and declaratory relief sought in the Complaint, the Court finds that the Pala Tribe is the “real, substantial party in interest” in this case. Maxwell, 2013 WL 542756 at *11. Only the Pala Tribe, whose sovereign immunity is unquestioned, could satisfy the relief sought in the Complaint, i.e. the reinstatement of Plaintiffs as members of the Tribe. Defendants, as members of the Executive and Enrollment Committees, “possess the power” to grant Plaintiffs that relief “on behalf of the tribe.” Id. Accordingly, the Court finds that this action, as alleged, is fundamentally one against the Pala Tribe and that Plaintiffs have sued the individual Defendants in their official capacities.
. . .
The Court finds that the relief sought in this Complaint would “require affirmative action by the sovereign,” i.e. the Pala Tribe’s re-enrollment of Plaintiffs. Larson, 337 U.S. at 691 n.11. Such a remedy would operate against the Pala Tribe, impermissibly infringing upon its sovereign immunity. See generally Lewis v. Norton, 424 F.3d 959 (9th Cir. 2005) (“Courts have held that tribal immunity bars suits to force tribes to comply with their membership provisions, as well as suits to force tribes to change their membership provisions.”(citations omitted)); Santa Clara Pueblo, 436 U.S. at 72 n.32 (“A tribe’s right to define its own membership for tribal purposes has long been recognized as central to its existence as an independent political community…. Given the often vast gulf between tribal traditions and those with which federal courts are more intimately familiar, the judiciary should not rush to create causes of action that would intrude on these delicate matters.”); Imperial Granite Co., 940 F.2d at 1272 (“[A] tribe’s immunity is not defeated by an allegation that it acted beyond its powers.”). Based upon the factual allegations of the Complaint and the nature and effect of the relief sought, the Court concludes that Defendants acted in their official capacities and within the scope of their authority when they made the membership determinations at issue in this case.
Arizona COA Briefs in ISDEAA Tribal Immunity Case — Case to Watch
Federal Circuit Briefs in Klamath Claims Committee v. US — UPDATED 8-26-13
Here:
Ninth Circuit Briefs in Dispute between “Advantage Gamblers” and Tonto Apache Tribal Casino
Here are the materials in Pistor v. Garcia:
DCT Order Denying Motion to Dismiss (D. Ariz.)
From the trial court order (Judge Martone):
Plaintiffs, non-Indians, describe themselves as advantage gamblers. All three gambled at the Mazatzal Hotel & Casino (“Mazatzal”) in Payson, Arizona, which is owned and operated by the Tonto Apache Tribe (“the Tribe”) and is located on tribal land. Plaintiffs each won a substantial amount of money playing some of Mazatzal’s video blackjack machines. Moving defendants are all employed by the Tribe. Hoosava is the General Manager of Mazatzal. Kaiser is employed by the Tribe as a Tribal Gaming Office Inspector. Garcia is employed by the Tribe as Chief of the Tonto Apache Police Department. On October 25, 2011, plaintiffs allege that they were seized while inside Mazatzal. Pistor and Abel were handcuffed, and all three plaintiffs were brought to private rooms and questioned. Plaintiffs were eventually released and were not charged with any crime. Defendants seized thousands of dollars in cash and casino cash redemption tickets from plaintiffs. The property has not yet been returned.
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