indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+
ph: 202 630 8439
Dynamic Homes
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
10th Circuit tells Thlopthlocco Tribal Town to return to Creek court

Filed Under: Law
More on: 10th circuit, jurisdiction, muscogee, oklahoma, thlopthlocco, tribal courts
   


A sign to the headquarters of the Thlopthlocco Tribal Town. Photo from TTT

The 10th Circuit Court of Appeals issued a partial victory to the Thlopthlocco Tribal Town in a judicial dispute involving the Muscogee Nation.

The Thlopthlocco Tribal Town agreed to have the courts of the Muscogee Nation resolve certain disputes. But Thlopthlocco leaders changed their minds and objected when then Muscogee courts continued to litigate cases without their consent.

The Thlopthlocco Tribal Town filed suit against Muscogee tribal judges in federal court in hopes of stopping the proceedings. In January 2013, Judge James Payne ruled that he lacked jurisdiction in the "intra-tribal dispute" and further held that the tribal judges were entitled to sovereign immunity.

On appeal, the 10th Circuit reversed on both counts. The court said the Thlopthlocco Tribal Town properly raised a federal issue that could be decided in the federal court system and also determined that the tribal judges are not entitled to immunity.

"The Tribal Town, a nonmember of the Muscogee Nation, has sued Muscogee judges seeking prospective relief from the Muscogee courts’ allegedly unlawful exercise of jurisdiction," the decision stated.

The 10th Circuit, however, told the Thlopthlocco Tribal Town that it must exhaust its remedies in the Muscogee court system before returning to federal court. The federal lawsuit will be put on hold while the tribal case resumes.

The 10th Circuit noted that the "federal courts may benefit from the tribal court’s analysis and final resolution of the Tribal Town’s jurisdictional arguments."

The Thlopthlocco Tribal Town maintains federal recognition separate from the Muscogee Nation. But members of both tribes descend from the historic Creek Nation.

Turtle Talk has posted briefs from the case, Thlopthlocco Tribal Town v. Stidham.

Get the Story:
Thlopthlocco Tribal Town affiliation with larger Muscogee Nation heart of court dispute (The Native American Times 9/4)

10th Circuit Decision:
Thlopthlocco Tribal Town v. Stidham (September 3, 2014)

Related Stories:
Federal judge won't interfere in Creek intra-tribal court dispute (01/08)
10th Circuit rules in case involving tribal court and law firm (6/1)


Copyright © Indianz.Com
More headlines...
Stay Connected:

Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
White House to host first-ever Native youth conference on July 9 (4/24)
Native Sun News: Northern Cheyenne Tribe fires casino manager (4/24)
Lakota Country Times: Timothy Standing Soldier passes on at 54 (4/24)
Mark Trahant: Invest in our Native youth for long-term success (4/24)
James Giago Davies: True believerism and comic book solutions (4/24)
Brandon Ecoffey: Oglala Sioux Tribe must act on legal marijuana (4/24)
Ed Rice: Cleveland team comes up with excuse for racist mascot (4/24)
White House Blog: Recognizing tribal Climate Action Champions (4/24)
House subcommittee looks at poor conditions at Indian schools (4/24)
Navajo actress was put in darker makeup for Adam Sandler film (4/24)
Eastern Cherokee group plans lawsuit over tribal council raises (4/24)
Column: Commission takes on truth and reconciliation in Maine (4/24)
Senate votes to confirm Loretta Lynch as next attorney general (4/24)
ICT interview with confirmed NIGC Chairman Jonodev Chaudhuri (4/24)
Dave Palermo: Tribes in California assert right to Internet poker (4/24)
Pokagon Band casino remains a concern for Indiana lawmakers (4/24)
Pojoaque Pueblo places casino manager on administrative leave (4/24)
White Earth Nation promotes tribal members in casino positions (4/24)
Native Sun News: Oglala Sioux student vies for Miss Indian World (4/23)
Lakota Country Times: Tribal citizens named to education board (4/23)
Ivan Star: Struggling with the warrior heritage in Indian Country (4/23)
Dana Lone Elk: Lakota people still carry on fight of Crazy Horse (4/23)
Senate Indian Affairs Committee passes bill to renew NAHASDA (4/23)
BIA faces fire over latest reforms to federal recognition process (4/23)
Opinion: First Lady brings truth with remarks about Native youth (4/23)
Incoming leader of Navajo Nation stresses importance of youth (4/23)
Native actors storm off set of Adam Sandler film in New Mexico (4/23)
Marijuana seen as new frontier in tribal economic development (4/23)
Senate approves anti-trafficking measure with tribal provisions (4/23)
Interview with Gyasi Ross about spoken word release Isskootsik (4/23)
Blackfeet Nation launches campaign to ban drilling at sacred site (4/23)
Cherokee Nation celebrates births of first calves from bison herd (4/23)
Burns Paiute Tribe investigates fire that destroyed two bulidings (4/23)
Kaibab Paiute Tribe welcomes designation as 1st dark sky nation (4/23)
University of Minnesota sees surge in Native student enrollment (4/23)
Editorial: Minnesota tribes work together to address treaty rights (4/23)
Editorial: Maine governor fails to treat sovereign tribes as equals (4/23)
Brazil to host inaugural World Indigenous Games this September (4/23)
Prairie Band Potawatomi Nation probes woman's death at casino (4/23)
Tohono O'odham Nation vows defense for off-reservation casino (4/23)
Seminole Tribe talks with lawmakers about Class III casino deal (4/23)
Editorial: State needs assurances from Quapaw Tribe on gaming (4/23)
Native Sun News: Tribes take DOI to task over grizzly bear policy (4/22)
Native Sun News: Lakota rodeo legend Howard Hunter passes on (4/22)
Bill John Baker: Cherokee Nation language programs are working (4/22)
White House Blog: Improving the lives of Native American youth (4/22)
Bob Gough: Indigenous people most affected by climate change (4/22)
Duane Champagne: Indigenous accommodation for colonialism (4/22)
Audio from Senate Indian Affairs Committee on transportation (4/22)
Navajo Nation voters choose Russell Begaye as next president (4/22)
Appeals court sides with Indian inmate in religious rights case (4/22)
Kashia Band interested in timber not marijuana on new lands (4/22)
Kaw Nation to return to ancestral land in Kansas for ceremony (4/22)
Moapa Band to host Further Future music festival next month (4/22)
Lower Elwha Klallam Tribe runs into opposition to fish hatchery (4/22)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.