wrongful termination

Nooksack Tribal Language Teacher Sues Tribal Officials for Wrongful Termination

Matthew L.M. Fletcher1 Comment

Here are the materials in Adams v. Canete (Nooksack Tribal Court):

Adams v Canete Complaint for Declaratory Injunctive Equitable Relief

Adams v Canete Declaration of George Adams

And the press release (5/5/2014):

NOOKSACK TRIBAL MEMBER AND “306” SUPPORTER FILES TRIBAL COURT SUIT AGAINST BOB KELLY ADMINISTRATION FOR WRONGFUL TERMINATION

GEORGE ADAMS, TRIBAL LANGUAGE TEACHER AND ONE OF NEARLY 50 TRIBAL MEMBERS FIRED BY THE KELLY ADMINISTRATION SINCE MID-2013, FILES TRIBAL AND FEDERAL CIVIL RIGHTS ACTION

Deming, WA – Today George Adams, who was fired a few days before he challenged Bob Kelly for the Nooksack Tribal Chairmanship in the Tribe’s General Election on March 15, 2014, initiated a Tribal Court wrongful termination lawsuit against various Tribal Councilperson and General Manager Catherine Kanete and other Tribal officials.  Continue reading →

Wrongful Termination Suit against Oglala Lakota College Filed in Federal Court Dismissed

Matthew L.M. Fletcher

Here are the materials in Wilson v. Shortbull (D. S.D.):

13 Motion to Dismiss

18 MJ R&R

21 DCT Order

An excerpt:

Ms. Wilson does not object to the magistrate judge finding she failed to exhaust her tribal remedies. Rather, Ms. Wilson objects on the basis that she does not believe the tribal courts can be impartial because of their connection to OLC. (Docket 19). Ms. Wilson asserted this same argument in her response to defendants’ motion to dismiss. (Docket 16). This contention does not fall within any of the exceptions to the exhaustion requirement noted above. In addition, the court agrees with the magistrate judge in finding exhaustion of tribal remedies in this case is particularly appropriate because Ms. Wilson’s allegations are premised on the employment action of a tribally chartered organization. The court finds Ms. Wilson is required to exhaust her tribal remedies. Because Ms. Wilson has not exhausted those remedies, this court lacks jurisdiction over her action.

Maldonado v. Yakama Tribal Gaming — ICRA Case Dismissed

Matthew L.M. Fletcher

The Eastern District of Washington dismissed a claim under the Indian Civil Rights Act brought by a fired employee of the Yakama Tribal Gaming Corporation. The court rejected the application of the so-called Dry Creek Lodge doctrine.

Here is the order.