Here are the materials in Shotton v. Pitkin (W.D. Okla.):
Western District of Oklahoma
Federal Court Rejects Tribal Court Exhaustion in Death Benefit Action
Here are the materials in Texas Life Insurance Company v. Raper (W.D. Okla.):
Can’t be sure because I only skimmed it, but it looks apparent the court ignored the tribal court exhaustion doctrine and proceeded directly to the jurisdictional analysis.
Tenth Circuit Rejects Religious Objector’s Challenge to Oklahoma License Plate
Here is the opinion in Cressman v. Thompson.
Briefs:
Lower court materials here and here.
Prior Tenth Circuit case here.
Federal Court Requires Financial Planning Company to Exhaust Tribal Remedies
Here are the materials in United Planners Financial Services of America LLP v. Sac and Fox Nation (W.D. Okla.):
13 Housing Authority Motion to Dismiss
17 Sac & Fox Nation Motion to Dismiss
The complaint is here.
Tribal court materials are here.
Federal Court Dismisses Title VI Claim against Chickasaw Housing
Here are the materials in Sanders v. Anoatubby (W.D. Okla.):
An excerpt:
Having carefully reviewed plaintiff’s Complaint, and presuming all of plaintiff’s factual allegations are true and construing them in the light most favorable to plaintiff, the Court finds that this Court lacks subject matter jurisdiction to hear plaintiff’s claims alleged in her Complaint. The Court specifically finds that jurisdiction is not vested in this Court based on plaintiff’s claim that defendants violated Title VI by not complying with the NAHASDA since the NAHASDA specifically exempts federally recognized tribes, such as the Chickasaw Nation and the tribally designated housing entities of those tribes such as the Chickasaw Nation Housing Administration, from Title VI. Further, the Court finds jurisdiction is not vested in this Court based on the Ex parte Young doctrine. Plaintiff specifically included defendants’ official titles in the caption of this lawsuit and alleges that defendants violated tribal policies. Other than conclusory statements that defendants were acting outside the scope of their official tribal capacity, plaintiff has failed to allege facts to support her claim that defendants were acting outside the scope of their tribal capacity or violating federal law. Therefore, the Court finds plaintiff’s Complaint against defendants Governor Bill Anoatubby, Wayne Scribner, Renee Sweet, Jackie Williams, and Terry Davis should be dismissed.
Federal Court Dismisses Contract Breach Claim against Fort Sill Apache Industries
Here are the materials in Team Systems International LLC v. Haozous (W.D. Okla.):
Federal Court Holds US May Sell Unallotted Timber Resources over Opposition from Chickasaw and Choctaw Nations
Here are the materials in Chickasaw Nation v. Dept. of Interior (W.D. Okla.):
254 Tribes Motion for Summary J
Here is the relevant statute authorizing (or mandating) the sale of the resource, as reproduced in the court’s order. Judge for yourself:
That when allotments as provided by this and other Acts of Congress have been made to all members and freedmen of the Choctaw, Chickasaw, Cherokee, Creek, and Seminole tribes, the residue of lands in each of said nations not reserved or otherwise disposed of shall be sold by the Secretary … under rules and regulations to be prescribed by him and the proceeds of such sales deposited in the United States Treasury to the credit of the respective tribes. . . . The Secretary … is hereby authorized to sell, whenever in his judgment it may be desirable, any of the unallotted land in the Choctaw and Chickasaw Nations, which is not principally valuable for mining, agricultural, or timber purposes, in tracts of not exceeding six hundred and forty acres to any one person, for a fair and reasonable price, not less than the present appraised value. . . . Provided further, That agricultural lands shall be sold in tracts of not exceeding one hundred and sixty acres to any one person.
Dispute over Kiowa Elder’s Trust Accounts Filed in Federal Court
Here is the complaint filed in Bushyhead v. Lujan (W.D. Okla.):
An excerpt:
Defendants Phillip Lujan, Terry Bruner, Rose Roberson, and Marian Bushyhead wrongfully restricted plaintiff Ruby B. Bushyhead’s rights to her private bank accounts and Individual Indian Money (“IIM”) accounts. Bushyhead seeks declaratory and injunctive relief to correct Defendants’ wrongdoing. Plaintiff Helen Sheridan seeks declaratory and injunctive relief against defendant Phillip Lujan for issuing an extrajurisdictional Writ of Assistance ordering her to deliver her grandmother, Ruby B. Bushyhead, to defendant Marian Bushyhead.
Otoe-Missouria Tribal Chairman Brings Civil Rights Action against Connecticut Dept. of Banking
Here is the complaint in Shotton v. Pitkin (W.D. Okla.):
An excerpt:
Plaintiff brings this action as a result of unlawful enforcement actions taken by Defendants against Plaintiff and Defendants’ entry of a state administrative order imposing a civil penalty of $700,000 against Plaintiff in his individual capacity and unlawfully restraining his conduct without due process of law and in violation of his individual right to immunity as a tribal official.
Our post on a related suit in Connecticut Superior Court action is here.
Financial Services Company Challenges Sac and Fox Nation’s Tribal Court Jurisdiction
Here are the complaint and tribal court materials in United Planners Financial Services of America LLP v. Sac and Fox Nation (W.D. Okla.):
Turtle Talk 
You must be logged in to post a comment.