Federal Court Again Dismisses Challenge to Blue Lake Rancheria Tribal Court Jurisdiction

Here are the materials in Acres v. Blue Lake Rancheria (N.D. Cal.):

39-blue-lake-motion

41-opposition

48-dct-minute-order

50-dct-order-written

An excerpt:

Plaintiff James Acres seeks declaratory and injunctive relief against the Blue Lake Rancheria Tribe (“Tribe”), the Blue Lake Rancheria Tribal Court (“Tribal Court”) and its Chief Judge, Lester Marston, alleging that the Tribal Court has conducted itself in bad faith in asserting jurisdiction over him in an underlying contractual fraud case because Judge Marston refused to recuse himself from the case and misrepresented his relationship with the Tribe. Judge Marston has now recused himself from the Tribal Court case and appointed the Hon. James Lambden, a retired California Court of Appeal Justice with no prior connection to the Tribe, to preside over the matter. Given Judge Marston’s recusal and the appointment of a neutral judge, there is insufficient evidence of bad faith for the exception to apply. Acres does not meet any of the exceptions to the exhaustion requirement. He must exhaust his tribal remedies before bringing an action of this kind in federal court. The Tribe’s motion to dismiss is GRANTED.

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

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