tribal sovereign immunity

Opening D.C. Circuit Brief in Vann v. Interior

Matthew L.M. Fletcher1 Comment

Here:

Opening Vann Brief

Kickapoo Court Dismisses Charges against Tribal Elected Officials

Matthew L.M. Fletcher1 Comment

Here is the news coverage.

An excerpt:

In her decision handed down on March 12, Judge Wahwassuck found:

1. The Plaintiffs (have) failed to carry their burden of establishing that the Kickapoo Tribe in Kansas and/or its agents (the Defendants herein) have waived tribal sovereign immunity in this matter.

2. The Plaintiffs have failed to demonstrate that they have a “property” right to their positions on the Gaming Commission, and thus have failed to demonstrate that their due process rights under the Indian Civil Rights Act were violated.

With these findings and her conclusion of law that the Defendants action was protected from suit under the doctrine of sovereign immunity, the Defendant’s motion to dismiss was granted with prejudice, meaning it cannot be refiled.

Title VII Claim against MHA Nation & BIA Dismissed

Matthew L.M. Fletcher

Here are the materials in Fontanez v. MHA Nation (D. Mont.):

BIA Motion to Dismiss

Magistrate R&R

DCt Order Adopting Magistrate R&R

Federal Court Dismisses Complaint of Gambling Addict against Muscogee (Creek) Nation

Matthew L.M. Fletcher2 Comments

Here are the materials in Santana v. Muscogee (Creek) Nation ex rel. River Spirit Casino (N.D. Okla.):

MCN Motion to Dismiss

Santana Brief

DCT Order Dismissing Santana Complaint

Ninth Circuit Reverses Dismissal of Effort to Avoid Navajo Jurisdiction — UPDATED with Briefs

Matthew L.M. Fletcher1 Comment

Here is the opinion in Salt River Project v. Lee.

Lower court materials here.

More materials later.

Update — here are the briefs:

Salt River Opening Brief

Navajo Response Brief

Salt River Reply Brief

Federal Court Dismisses Endangered Species Act Challenge to Navajo Coal Permit under Rule 19

Matthew L.M. Fletcher

Here is that order:

CBD v. Pizarchick Rule 19 Order

Materials are here.

Constitutional Challenge to IGRA by Anti-Seneca Gaming Advocate Rejected

Matthew L.M. Fletcher1 Comment

As first noted on Indianz, here are the materials in Warren v. United States (W.D. N.Y.):

Warren Proposed Amended Complaint

USA 1st Motion to Dismiss

USA 2nd Motion to Dismiss

DCT Order Dismissing Warren Complaint

UPDATE: 01 Amicus Seneca Nation of Indians’ Response to Plaintiff’s Motion to Amend Complaint 

McCrary v. Ivanof Bay Village: Cert Petition Challening Alaska Native Immunity

Matthew L.M. Fletcher

Here is the petition:

McCrary Cert Petition

Question presented:

 Whether the Alaska Supreme Court correctly held that Congress intended the Federally Recognized Indian Tribe List Act to delegate the Secretary of the Interior authority to create more than 200 “federally recognized tribes” in Alaska by publishing a list of Native Entities in the Federal Register.

Lower court materials; briefs here and opinion here.

Materials in Tribal Immunity Dispute Involving Apache Tribe of Oklahoma

Matthew L.M. Fletcher1 Comment

This disputes arises out of an alleged breach of a gaming machine lease agreement, and an alleged waiver of tribal immunity needed to enforce the agreement. Currently, the Tribe’s motion to remand the case back to state court is pending.

Here are the materials so far in Apache Tribe of Oklahoma v. TGS Anadarko (W.D. Okla.):

Wells Fargo Notice of Removal

Apache Tribe Motion to Remand

TGS Anadarko Opposition

Apache Tribe Reply

And here are the related state court materials:

Apache Tribe Complaint

Apache Tribe Application for Stay of Arbitration

TGS Anadarko Motion to Transfer Venue

Lender Brief in Nooksack Casino Financing Appeal

Matthew L.M. Fletcher

Here.