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Alabama attorney general cites Carcieri in Poarch Creek lawsuit

Filed Under: Litigation
More on: alabama, class ii, jurisdiction. carceri, land-into-trust, poarch creek, supreme court
   

The Wind Creek Casino and Hotel in Atmore, Alabama.

Alabama Attorney General Luther Strange will proceed with a gaming lawsuit against the Poarch Band of Creek Indians in federal court.

Strange originally sued the tribe in state court, alleging that the tribe's gaming devices violate state law. But the tribe removed the case to federal court and now Strange is raising another issue -- the U.S. Supreme Court decision in Carcieri v. Salazar.

The decision restricts the land-into-trust process to tribes that were "under federal jurisdiction" as of 1934. The Poarch Band gained federal recognition in 1984 so Strange claims the land for their casinos was never placed in trust.

The tribe is seeking to dismiss the suit, citing a lack of state jurisdiction in Indian Country.

Get the Story:
Bingo battle heats up as A.G. Luther Strange expands complaint against Poarch Creek (AL.Com 4/12)
One of these is an illegal slot machine, the other is a bingo game. Can you tell the difference? (AL.Com 4/12)

Related Stories:
Lawsuit against Poarch Creek casinos moved to federal court (4/10)

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