Federal Court Dismisses Tort Claim against Yocha Dehe Wintun Nation Gaming Company

Here are the materials in Nguyen v. Cache Creek Resort Casino (E.D. Cal.):

1 Complaint

24 Motion to Dismiss

25 Opposition

28 Reply

29 Motion for Sanctions

31 Magistrate Report

Federal Court Dismisses Miss. Choctaw from FTCA Claim, Claim against US Proceeds

Here are the materials in Chipmon v. United States (S.D. Miss.):

42 MBCI Motion to Dismiss

43 Memo in Support

42-1 MBCI v Peebles Opinion

42-2 Sharp v MBCI Opinion

50 DCT Order

Prior post here.

SG Recommends GVR in Poarch Band v. Wilkes

Here is the brief:

sg-invitation-brief-1.pdf

An excerpt:

This brief is submitted in response to the Court’s order inviting the Solicitor General to express the views of the United States. After the petition for a writ of certiorari was filed, amendments to tribal law were proposed that could substantially affect the basis for the decision of the Supreme Court of Alabama in this case. In the view of the United States, if those changes are enacted, the petition should be granted, the judgment vacated, and the case remanded for further proceedings.

Cert stage materials are here.

UPDATE:

17-1175SupplementalBriefForRespondents

Petitioners Supplemental Brief

Casino Patron Brings Federal Suit over Interpretation of Tribal Tort Claims Act

Here is the complaint in Wilson v. Umpqua Indian Development Corporation (D. Or.):

1 Complaint

1-7 Tribal Court Decision

Update:

15 Motion to Dismiss

California Court of Appeals Orders Depublication of Cosentino Opinion

Here:

Cosentino

Depublication briefs here, here, and here.

Opinion here.

Civil Rights Suit against Nisqually Jail Officials Dismissed for Failure to Exhaust Tribal Remedies

Here are the materials in Hardie v. Nisqually Corrections Superintendent (W.D. Wash.):

18 Nisqually Motion to Dismiss

22 Magistrate R&R

25 DCT Order

Another Update in Cosentino v. Fuller Depublication Request

Here:

Defendants’ Request for Depublication

Oppo to Viejas Band’s Depub Request

Opposition to Request of Defendants to Depublish

Opposition to Request of Group of 13

Prior depublication-related posts here and here.

Cal. COA opinion here.

Additional Request to Depublish Cosentino v. Fuller

Here (from the Viejas Band of Kumeyaay Indians):

Request for Depublication 07 14 15

Prior request for depublication here.

California Tribes Seeking Depublication of Cosentino v. Fuller

Here is the request to the California Supreme Court for depublication of Cosentino v. Fuller (Cal. Ct. App.) submitted by thirteen California Indian tribes:

Cosentino Request for Depublication – File Endorsed

Here’s an excerpt:

Here, it is undisputed that Plaintiff’s suit rests entirely on the quintessentially sovereign action of the Pechanga Gaming Commission: revocation of Plaintiff’s gaming license.  Opinion, pp. 6-7.  That action cannot be effected by Gaming Commissioners in their personal capacity — only a properly constituted Gaming Commission can revoke a gaming license.  Indeed, Congress has recognized that regulation of gaming on tribal lands is central to tribal self-governance.  25 U.S.C. § 2701. 

Even though it was “the official action of the [Tribe], following [Defendants’] votes, that caused [Plaintiff]’s alleged injury” (Imperial Granite, 940 F.2d at 1271), the Opinion appears to condition an officer’s immunity on the additional showing that the sovereign’s action fell within its authority and was benignly motivated.  Specifically, the Opinion evaluated whether the Tribe’s Commission acted with a retaliatory motive and whether it “revoked [Plaintiff’s] license on a ground identified in the IGRA, the Tribal-State Compact, or the Pechanga Ordinance.”  Opinion, pp. 16-17.  But where, as here, a plaintiff challenges official action of the tribe, the “tribe’s immunity is not defeated by an allegation that it acted beyond its powers.”  Imperial Granite Co., 940 F.2d at 1271.  The Opinion invites courts and litigants to disregard this firmly established protection of sovereign action under the guise of a “masked official capacity suit[].”  Pistor, 2015 WL 3953448, at *5.

 

Here are previous TurtleTalk posts on this matter:

 https://turtletalk.wordpress.com/2015/06/23/california-appellate-court-issues-slightly-modified-opinion-in-cosentino-v-fuller/

 https://turtletalk.wordpress.com/2015/06/18/california-tribes-seek-rehearing-or-depublication-of-official-immunity-ruling/

 https://turtletalk.wordpress.com/2015/05/29/california-appeals-court-holds-pechanga-casino-officials-may-be-sued-in-employment-action/

California Appellate Court Issues Slightly Modified Opinion in Cosentino v. Fuller

Here:

Amended Opinion

Motion for rehearing here.

Panel materials here.