tribal sovereign immunity

State v. Youde–Washington Trial Court Holds Law Enforcement Cooperative Agreement Does Not Waive Tribal Immunity

Matthew L.M. Fletcher

Here are the materials, which involved an effort by a state criminal defendant arrested on Tulalip Tribes territory to subpoena tribal records (the Tribes appeared to have argued they had no relevant records):

State v. Youde, Order Quashing Subpoena

Youde Memorandum of Authorities 092711

second Response to Objection to SDT

Schakel Declaration re Youde case 092611

091104Snohomish County & Tulalip Agreement

Federal Court Dismisses Challenge to Puyallup Tax Agreement

Matthew L.M. Fletcher1 Comment

Here are the materials in Miller v. Wright (W.D. Wash.):

DCT Order Dismissing Miller Complaint

Puyallup Motion to Dismiss

Miller Response

Puyallup Reply

Malaterre v. Amerind Risk Management Cert Petition — Section 17 Corporation Immunity

Matthew L.M. Fletcher2 Comments

Here is the petition:

Malaterre Cert Petition

And the questions presented:

Whether a tribal business corporation formed pursuant to 25 U.S.C. § 477 with the aim of insuring Indian Housing Authorities may properly invoke tribal sovereign immunity as a ground for avoiding its contractual obligation to provide insurance coverage for liability claims arising from injuries sustained by tribal-member tenants in Indian housing units.

Lower court materials here.

And for good measure, the Federal Reporter 3d version of the lower court opinion:

Amerind v. Malaterre, 633 F.3d 680 (CA8 2011)

Federal Court Dismisses FLSA Claim against Tribal Casino Resort

Matthew L.M. Fletcher

Here are the materials in Larimer v. Konocti Vista Casino Resort, Marina & RV Park (N.D. Cal.):

DCT Order Granting Tribal Motion to Dismiss

Konocti Motion to Dismiss

Larimer Opposition

Konocti Reply

Appellee Briefs in State of Michigan v. Bay Mills Indian Community (CA6)

Matthew L.M. Fletcher1 Comment

Here:

LTBB Appellee Brief

State of Michigan Appellee Brief

 

Here is a pic of the now-shuttered BMIC Vanderbilt Casino:

And some lovely intertribal rhetoric:

Continue reading →

Update in Columbe v. Rosebud Sioux Tribe

Matthew L.M. Fletcher2 Comments

The court has dismissed the plaintiff’s claims that were not appealed to the tribal appellate court for failure to exhaust tribal remedies. Other claims remain extant due to a waiver of immunity.

Here are the materials:

DCT Granting Motion to Dismiss in Part

RST Supplemental Memorandum

RST 2d Supplemental Memorandum

Columbe Affidavit

Prior materials are here.

 

Cert Opposition Brief in Gila River Indian Community v. Lyon

Matthew L.M. Fletcher

Here:

Lyon Cert Opposition Brief

The cert petition is here. The Indian Land Working Group Amicus brief is here.

Washington Supreme Court Agrees to Review Constitutional Challenge to State-Tribal Tax Agreements

Matthew L.M. Fletcher1 Comment

Here is the news article, via Pechanga.

And the materials so far:

Brief_of_Appellant_AUTO

Wash SCT Accepting Direct Review

Lower court materials:

State Motion to Dismiss

AUTO Response

Federal Court Rejects Contractor’s Demand for Arbitration, Citing Stillaguamish Immunity

Matthew L.M. Fletcher

Here are the materials in Stillaguamish Tribe of Indians v. Pilchuck Group II L.L.C. (W.D. Wash.):

DCT Order Granting Stillaguamish Tribe Motion

Stillaguamish Motion for Summary J

Pilchuck Group Motion for Summary J

Stillaguamish Complaint

Stillaguamish Motion for PI

 

Puyallup Tribal Police Officer Immunity Upheld

Matthew L.M. Fletcher1 Comment

Here is the Washington Court of Appeals’ unpublished decision in Young v. Duenas.

Here is an excerpt:

Chris Young appeals the trial court’s CR 12(b)(1) dismissal of his claims for lack of subject matter jurisdiction.  He argues that the defendant tribal police officers  present at the time of his brother’s death are not protected by the Puyallup Tribe’s sovereign immunity and that the state should have subject matter jurisdiction over the case.   Because the officers acted in their official capacity and within the scope of the tribe’s authority, the trial court properly dismissed based on sovereign immunity.  We affirm.