Federal Court Declines to Dismiss Tribal Election Dispute Question

Here are the materials in Eastern Shawnee Tribe v. Douthitt (N.D. Okla.):

DCT Order Denying CIO Motion to Dismiss

CIO Motion to Dismiss

EST Response

CIO Reply

An excerpt from the opinion:

Now before the Court is Defendants’ Motion to Dismiss and Brief in Support (Dkt. # 16). Defendants argue that the Court lacks subject matter jurisdiction over this case because plaintiff is asking the Court to resolve an internal tribal dispute. They also assert that they have not waived their sovereign immunity from suit and that plaintiff’s claims should be dismissed. Plaintiff responds that it is asking the Court to determine whether the Court of Indian Offenses for the Eastern Shawnee Tribe of Oklahoma had jurisdiction to decide an election dispute, and this is a federal question that can be decided by this Court. They also argue that defendants are not shielded from suit by the doctrine of sovereign immunity.

This entry was posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity, tribal constitutions, tribal courts, tribal election and tagged , , , , . Bookmark the permalink.

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