Federal Court Holds Tribe and Council are Subject to Discover in FTCA Suit against US

Here are the materials in Matt v. United States (D. Mont.):

37 Motion to Quash

40-1 Opposition

42 Reply

45 DCT Order Granting Motion to Quash

An excerpt:

Matt seeks documents in the possession of the Fort Belknap Community Council. (Doc. 26-1 at 2.) In order to satisfy Matt’s request, Council would be required to take affirmative action to produce tribal documents. (Doc. 37 at 3.) If the Court granted Matt’s request the judgment would “interfere with public administration” of the tribe and would “compel [the sovereign] to act.” Maxwell, 708 F.3d at 1087-90. The recovery sought in this case would operate against the tribe. Matt should not be allowed to “circumvent tribal immunity” by addressing the Subpoena Duces Tecum to Mark Azure instead of to the tribe.

54 Motion to Compel

55 DCT Order

An excerpt:

The Council entered into an ISDEAA contract for the maintenance of the roads on Matt’s property. The Council and its tribal members should be deemed part of the BIA and subject to the FTCA. The Council and its tribal members should be subject to discovery related to the construction and maintenance of the roads covered by the ISDEAA contract.


This entry was posted in Author: Matthew L.M. Fletcher, sovereign immunity, Uncategorized and tagged , , , , . Bookmark the permalink.

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