Justia Native American Law Opinion Summaries

Dolgencorp, operator of a Dollar General store on the Choctaw reservation, filed suit seeking to enjoin John Doe and the tribal defendants from adjudicating tort claims against Dolgencorp in the Choctaw tribal court. The underlying tort claims stemmed from Doe's suit alleging that a manager sexually molested him while he was working at the Dollar General store. The court affirmed the district court's denial of Dolgencorp's motion for summary judgment and grant of summary judgment in favor of the tribal defendants because Dolgencorp's consensual relationship with Doe gave rise to tribal court jurisdiction over Doe's claims under Montana v. United States. View "Dolgencorp, Inc., et al. v. MS Band of Choctaw Indians, et al." on Justia Law

The issue before the Supreme Court in this case involved the validity of an amended rule from the Department of Ecology that reserved water from the Skagit River system for future year-round out-of-stream uses, despite the fact that in times of low stream flows these uses would impair established minimum in-stream flows necessary for fish, wildlife, recreation, navigation, scenic and aesthetic values. The Swinomish Indian Tribal Community (Tribe) sued, challenging the validity of Ecology's amended rule reserving the water. The trial court upheld the amended rule and dismissed the Tribe's petition. After its review, the Supreme Court concluded that Ecology erroneously interpreted the statutory exception as broad authority to reallocate water for new beneficial uses when the requirements for appropriating water for these uses otherwise cannot be met. "The exception is very narrow, however, and requires extraordinary circumstances before the minimum flow water right can be impaired." Because the amended rule exceeded Ecology's authority under the statute, the amended rule reserving the water was invalid under the Administrative Procedure Act (APA). View "Swinomish Indian Tribal Comm'y v. Dep't of Ecology" on Justia Law

The federal government holds, in trust for three Indian communities, certain Minnesota land acquired in the late 1800s, with federal funds appropriated for a statutorily identified group of Indians. That beneficiary group and the three present-day communities that grew on the land overlapped but diverged. Many beneficiaries were part of the communities, but many were not; the communities included many outside the beneficiary group. In 1980 Congress addressed resulting land use problems by putting the land into trust for the three communities that had long occupied them. Since then, proceeds earned from the land, including profits from gaming, have gone to the three communities. Descendants of the Indians designated in the original appropriations acts allege that they, rather than the communities, are entitled to benefits. In earlier litigation the Federal Circuit rejected a claim that the appropriations acts created a trust for the benefit of statutorily designated Indians and their descendants. On remand, the Court of Federal Claims rejected several new claims, but found the government liable on a claim for pre-1980 revenues from the lands acquired under the 1888-1890 Acts. The Federal Circuit reversed in part, finding that the descendants had no valid claim. View "Wolfchild v. United States" on Justia Law

Charles Sheffer, Jennifer Sheffer, and their minor son, J.S., were injured when their tractor trailer collided with a rental vehicle leased to William Garris and driven by David Billups, employees of Carolina Forge Company, L.L.C. Plaintiffs sued Carolina Forge on theories of respondeat superior and negligent entrustment. They also sued the Buffalo Run Casino, the Peoria Tribe of Indians of Oklahoma, and PTE, Inc. for dram-shop liability. The trial court granted summary judgment in favor of Carolina Forge, finding as a matter of law Carolina Forge was not liable for its employees' actions under a theory of respondeat superior and did not negligently entrust the rental vehicle to its employees. The trial court also dismissed, sua sponte, the Buffalo Run Casino, PTE, Inc., and the Peoria Tribe of Indians of Oklahoma, determining that injunctions issued by the Western District of Oklahoma prohibited suit for any tort claims against a tribe or a tribal entity. Plaintiffs appealed both orders. Upon review, the Supreme Court concluded the Peoria Tribe was immune from suit in state court for compact-based tort claims because Oklahoma state courts are not courts of competent jurisdiction as the term is used in the model gaming compact. Furthermore, the Court found that because Congress has not expressly abrogated tribal immunity from private, state court dram-shop claims and because the Peoria Tribe and its entities did not expressly waive their sovereign immunity by applying for and receiving a liquor license from the State, the tribe was immune from dram-shop liability in state court. View "Sheffer v. Buffalo Run Casino" on Justia Law

The federal government moved the Osage Nation to the State of Oklahoma. Years later, the Nation discovered its new home contained mammoth reserves of oil and gas. The federal government appropriated itself as trustee, to oversee collection of royalty income and its distribution to tribal members. In this lawsuit, tribal members sought an accounting to determine whether the federal government fulfilled its fiduciary obligations. The district court dismissed the tribal members’ claims. Upon review of the district court record, the Tenth Circuit found the tribe was entitled to an accounting, and accordingly reversed. View "Fletcher, et al v. United States, et al" on Justia Law

Dorothy Gopher, an enrolled member of the Blackfeet Tribe, died intestate in 2008. Dorothy was survived by seven children (the siblings), and her estate consisted only of a ceremonial tribal flag. One of the siblings, filed an application for informal probate in the district court. As proceedings commenced in district court, several siblings filed a petition before the Blackfeet tribal court to name two other siblings as personal representatives in their parents' estates. The two siblings then filed consecutive motions to dismiss for lack of subject matter jurisdiction in district court. The district court continued its proceedings and denied the motions to dismiss. The district court concluded that it had jurisdiction over the parties and subject matter jurisdiction and ordered the estate to transfer the flag to co-trustees of a constructive trust on the estate. Meanwhile, the Blackfeet tribal court declined to assert jurisdiction over the estate property. The Supreme Court affirmed, holding that the district court did not err when it assumed jurisdiction over the probate of the estate. View "In re Estate of Gopher" on Justia Law

The district court found that the Secretary violated the Indian Self Determination and Education Assistance Act (ISDA), 25 U.S.C. 450 et seq., the Administrative Procedure Act (APA), 5 U.S.C. 500 et seq., and the Fifth Amendment's guarantee of equal protection when the Secretary declined to enter into a self-determination contract with the Tribe to fund law enforcement on the Los Coyotes Reservation. The court concluded that no reading of the ISDA authorized federal courts to grant relief when the Secretary properly denied a contract; the Tribe's argument that the BIA's failure to fund law enforcement on the Los Coyotes Reservation was a violation of the APA was foreclosed by Supreme Court precedent; there was a meaningful distinction between Public Law 280 states and non-Public Law 280 states and such a distinction provided a rational basis for prioritizing law enforcement funding in non-Public Law 280 states; and the BIA's funding policy did not violate the Fifth Amendment's equal protection guarantee. Accordingly, the court reversed the judgment of the district court. View "Los Coyotes Band of Cahuilla v. Jewell" on Justia Law

North Central Electric Cooperative appealed a district court judgment affirming a Public Service Commission order that dismissed its complaint against Otter Tail Power Company. The Commission decided it did not have regulatory authority over Otter Tail's extension of electric service to a facility owned by the Turtle Mountain Band of Chippewa Indians on tribal trust land within the Turtle Mountain Indian Reservation. North Central argued on appeal: (1) the Commission has jurisdiction under North Dakota law; and (2) the Commission's findings were not supported by a preponderance of the evidence and did not sufficiently address North Central's evidence. Upon review, the Supreme Court affirmed, concluding the Commission did not err in deciding it lacked authority to regulate the Tribe's decision to have Otter Tail provide electric service to a tribal-owned facility on tribal-owned land within the reservation. View "North Central Electric Coop., Inc. v. Public Service Commission" on Justia Law

This appeal stemmed from Native Wholesale Supply Company's (NWS) cigarette sales to Warpath, Inc. NWS is an Indian retailer organized under the tribal laws of the Sac and Fox Nation. It operates on the Seneca reservation in New York. Warpath is an Idaho corporation that operates on the Coeur d'Alene reservation. The State of Idaho brought suit against NWS for acting as a cigarette wholesaler without a permit and for selling cigarettes that are unlawful for sale in Idaho. The district court enjoined NWS from selling wholesale cigarettes in Idaho without a wholesale permit and assessed civil penalties in the amount of $214,200. NWS appealed that decision, arguing the State did not have subject matter jurisdiction or personal jurisdiction. Upon review, the Supreme Court affirmed in part, reversed in part, and remanded to the district court for further proceedings. The Court found that NWS's sales to Warpath were exempt from Idaho taxation, and NWS was not required to obtain a wholesale permit. Furthermore, the State had subject matter over NWS's importation of non-compliant cigarettes into the State of Idaho, and that the State could validly exercise personal jurisdiction over NWS. View "Idaho Tax Commission v. Native Wholesale Supply" on Justia Law

This case involves a federal rent-subsidy program for Indian Tribes and Tribally Designated Housing Entities (TDHE) that lease housing to Indians. Fort Belknap, a TDHE, petitioned for review of HUD's decision to withhold overpayments from future program payments. The court held that 25 U.S.C. 4161(d) allows an appeal only when HUD takes action pursuant to section 4161(a). In this instance, because HUD has taken no action pursuant to section 4161(a), the court dismissed the petition for lack of jurisdiction. View "Fort Belknap v. Office of Pub. & Indian Hous." on Justia Law