Idaho Federal Court Holds Tribe’s Effort to Enforce Tribal Judgment Must Be Dismissed Unless Tribe is Seeking an Order on Tribal Court Jurisdiction

Matthew L.M. Fletcher

Here are the materials in Coeur d’Alene Tribe v. Hawks (D. Idaho):

1 Complaint + Exhibits

6-1 Motion to Dismiss

10 Response

12 Reply

16 DCT Order

An excerpt:

But here, the Hawks have not challenged the Tribal Court‘s jurisdiction to make the award, and the Tribe has not sought a declaratory judgment that its courts had jurisdiction over the Hawks. Instead, the Tribe is simply asking a federal court to domesticate and enforce a Tribal Court Judgment. While such a claim has a basis in Idaho law and can be enforced in Idaho courts pursuant to Idaho Code § 10-1401 et. seq., the Tribe cites no federal statute or law that is in dispute and that could be used to create a federal question.

One thought on “Idaho Federal Court Holds Tribe’s Effort to Enforce Tribal Judgment Must Be Dismissed Unless Tribe is Seeking an Order on Tribal Court Jurisdiction”

  1. Pingback: Ninth Circuit Briefs in Coeur d’Alene Tribe v. Hawks | Turtle Talk

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