your internet resource on facebook on twitter on Google+ on soundcloud
phone: 202 630 8439
Fredericks Peebles & Morgan LLP
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:
On Facebook

On Twitter

On Google+

On SoundCloud
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Controversy brews as House takes up Native American Energy Act (10/6)
Native Sun News: Crow Tribe leader advises Rep. Zinke on energy (10/6)
Lakota Country Times: Program for Native students closes down (10/6)
Mark Trahant: Far too many missing and murdered Native women (10/6)
Alfred Walking Bull: Let's open up about suicide in Indian Country (10/6)
Raina Thiele: Alaska Natives share culture with President Obama (10/6)
Mary Pember: Fashion show tackles trafficking in Indian Country (10/6)
Torivio Fodder: Pope Francis ignores sins of Indian mission era (10/6)
Sac and Fox Nation disappointed by denial of Jim Thorpe case (10/6)
Flandreau Santee Sioux Tribe expects big crowd for pot kickoff (10/6)
Colville Tribes pass resolution for small amounts of marijuana (10/6)
Disaster declaration covers Catawba Nation in South Carolina (10/6)
Leader of Comanche Nation disputes removal of administrator (10/6)
Osage Nation accuses former employee of adding non-Indians (10/6)
Donald Trump doesn't think NFL team's racist name should go (10/6)
Supreme Court declines to hear appeals in two gaming cases (10/6)
San Pasqual Band loses claim for damages in gaming dispute (10/6)
New Eastern Cherokee chief takes aim at gaming commission (10/6)
Chemehuevi Tribe hosts public hearing for new gaming facility (10/6)
Little Traverse Bay Bands consider Class II for second casino (10/6)
Supreme Court rejects petitions in four more Indian law cases (10/5)
Senate Indian Affairs Committee weighs seven bills at hearing (10/5)
Senate Indian Affairs Committee schedules business meeting (10/5)
Secretary Jewell heads to Oklahoma for tribal trust settlement (10/5)
IHS reopens comment period for Aquinnah Wampanoag Tribe (10/5)
BIA backs extension of Rosebud Sioux Tribe gaming compact (10/5)
Native Sun News: Code Talker medals seen in traveling exhibit (10/5)
Lakota Country Times: Oglala Sioux Tribe and FEMA cooperate (10/5)
James Giago Davies: Don't let dominant culture dumb us down (10/5)
Vi Waln: Domestic violence comes in many forms on reservation (10/5)
Gyasi Ross: Republicans play games with Native women's rights (10/5)
Rosanna Deerchild: A terrifying reality facing indigenous women (10/5)
Steve Russell: Indians met Christianity at its most violent phase (10/5)
Alex Jacobs: Pope Francis honors symbol of genocide in America (10/5)
Joseph Hamilton: Tribal leaders must talk about disenrollments (10/5)
Tara Houska: Horror film treats Native peoples as relics of past (10/5)
Cow Creek Band employee lost son in deadly shooting in Oregon (10/5)
Flandreau Santee Sioux Tribe fully booked for launch of pot resort (10/5)
Chukchansi Tribe picks leaders and hires gaming commissioners (10/5)
Cowlitz Tribe turned down Donald Trump for gaming partnership (10/5)
Eastern Cherokees see tangible benefits from gaming enterprise (10/5)
Navajo Nation to offer housing for employees of casino in Arizona (10/5)
Poarch Creeks lose ruling over slot machines at Florida racetrack (10/5)
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.