indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+ indianz.com 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:
Tribe questions fast-tracking of solar energy projects by Obama (9/4)
Navajo Nation celebrates closure of liquor businesses in Arizona (9/4)
Mashpee Wampanoag Tribe seeks building inspector for casino (9/4)
Native Sun News: Black Hills concert draws attention to treaties (9/4)
Lakota Country Times: Oglala Sioux Tribe approves FEMA contract (9/4)
Mark Trahant: Telling the story about tribal sovereignty in Alaska (9/4)
James Giago Davies: Imagining life for the Lakota with British rule (9/4)
Robert DesRosier: First responder network needs input from tribes (9/4)
Julianne Jennings: Strong reaction to campaign for Justice or Else (9/4)
Member of Nez Perce Tribe helped develop video game character (9/4)
Travel: Every member of Havasupai Tribe speaks their language (9/4)
Alabama won't appeal decision in Poarch Creek gaming lawsuit (9/4)
Osage Nation weighs plan to expand flagship casino with hotel (9/4)
Sycuan Band enters new Class III gaming compact in California (9/4)
Chukchansi Tribe revamping casino in anticipation of reopening (9/4)
President of Alaska Native village highlights threat to community (9/3)
President Barack Obama offers thoughts on historic trip to Alaska (9/3)
President Obama enjoys unique welcome in Alaska Native village (9/3)
Transcript: President Obama speaks in Native village of Kotzebue (9/3)
Democrats slam GOP candidate for comments about assimilation (9/3)
Poarch Creeks secure major ruling in gaming dispute in Alabama (9/3)
Native Sun News: City faces possible suit from Lakota 57 parents (9/3)
Lakota Country Times: Sinte Gleska University to expand campus (9/3)
Tim Giago: Republicans show hypocrisy on the 14th Amendment (9/3)
Ivan Star: 'English education' obliterated culture and language (9/3)
Gyasi Ross: Obama's checkered record on Native environment (9/3)
Opinion: Indian Child Welfare Act doesn't help Indian children (9/3)
Appeal planned in Grand Ronde Tribes disenrollment dispute (9/3)
Blackfeet Nation states opposition to drilling on sacred land (9/3)
Father of Native woman who died in jail cell considers lawsuit (9/3)
Oglala Sioux Tribe set to open $16.5M nursing home next year (9/3)
Donald Trump's campaign manager linked to Abramoff scandal (9/3)
Navajo Nation plans big development next to casino in Arizona (9/3)
Graton Rancheria breaks ground on $175M expansion at casino (9/3)
United Auburn Indian Community compact gains quick approval (9/3)
New Mexico tribes weren't involved in off-reservation casino bid (9/3)
Parents of Lakota 57 respond to not guilty verdict in Rapid City (9/2)
Grand Ronde Tribes to disenroll 86 descendants of treaty signer (9/2)
Lakota Country Times: New food bank on Pine Ridge Reservation (9/2)
Mark Trahant: FCC invents new law for tribal lands in Oklahoma (9/2)
Native Sun News Editorial: Republican attacks on Hillary Clinton (9/2)
Vi Waln: Rosebud Sioux Tribe needs to establish 'virtual' school (9/2)
Steven Newcomb: The religious basis of Doctrine of Discovery (9/2)
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.