Suit for Injunctive Relief against Blackfeet Elected Officials over Utility MOA Dispute May Proceed

Here are the materials in Town of Browning v. Sharp (D. Mont.):

71 12b1 Motion to Dismiss

73 12b6 Motion to Dismiss

75 12b7 Motion to Dismiss

95 Response to 12b1 Motion

96 response to 12b6 Motion

97 Response to 12b7 Motion

115 Reply in Support of 12b7 Motion

123 DCT Order

140 Magistrate Report

144 Objection to Magistrate Report

148 DCT Order

An excerpt:

Defendants and Plaintiff have not objected to Judge Johnston’s Findings and Recommendations on any other grounds. The Court finds no clear error in Judge Johnston’s Findings and Recommendations, and adopts them in full. A plaitiff may seek only prospective, injunctive relief under the doctrine of Ex Parte Young. Burlington N. & Santa Fe Ry. Co. v. Vaughn, 509 F.3d 1092 (9th Cir.2007). Plaintiff seeks compensatory damages, exemplary damages, treble damages, and costs and attorney fees for counts 2–5. Plaintiff has failed to state a claim for which relief can be granted. Dismissal of counts 2–5 is appropriate pursuant to Federal Rule of Civil Procedure 12(b)(6). Plaintiff seeks prospective, injunctive relief in count 1. Defendants have failed to demonstrate that Plaintiff has not stated a claim for which relief can be granted in count 1.