New Filings in District Court: 9/24-9/28 September 28, 2007Posted by rezjudicata in District Courts.
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Freemanville Water Systems, Inc. v. Poarch Creek Band of Creek Indians, et. al., SD Alabama, 2007cv00688, Sept 27, 2007
Plaintiff bringing a statutory action for fraud under 31 U.S.C. § 3731. Without access to the court filings, one can only guess at the specific nature of the suit. Section 3731 is part of a statute that authorizes civil actions against parties for false claims made on the government. Section 3730 allows private parties to bring actions on behalf of the government and personally. The Poarch Creek Band buys water from Freemanville Water Systems, so it is likely that FWS is alleging fraud arising out of that relationship.
Muscogee Sovereign Immunity Upheld September 25, 2007Posted by rezjudicata in 10th Circuit, Federal Circuits.
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Issue(s): Sovereign Immunity-Waiver; Federal Court Jurisdiction-Subject-matter–Federal Question
The Tenth Circuit reversed a Northern District of Oklahoma ruling granting summary judgement to a non-Indian plaintiff and ordered the Nation’s Motion to Dismiss granted. The Nation seized the plaintiff’s truck, which contained suspected illegal controlled substances. The Nation succeeded in forfeiture proceedings against the plaintiff in Tribal Court after the plaintiff pled guilty to the civil citation. The plaintiff then sued the Nation in district court and the Nation sought dismissal on sovereign immunity grounds. Following Santa Clara Pueblo v. Martinez and Kiowa Tribe v. MTI, the Tenth Circuit reiterated that tribes are immune from suit unless the tribe waives immunity or Congress specifically abrogates it. Neither waiver nor abrogation were present in this case. The Court then stated that federal question jurisdiction under §1331 does not negate tribal sovereign immunity. Finally, the Court rejected the plaintiff’s argument that the Nation could not raise immunity in suits challenging the extent of the Nation’s authority because the plaintiff named the Nation, not any officials, as the defendant.
Northern Cheyenne’s Injunction Denied By 9th Circuit September 25, 2007Posted by rezjudicata in 9th Circuit, Federal Circuits.
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Summary + Analysis coming soon