indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+
ph: 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:

Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Eyapaha Today: Oneida singer follows in mother's footsteps (10/22)
Native Sun News: Candidate seeks investigation into program (10/22)
Ivan Star Comes Out: Lakota people disrespect our language (10/22)
Cedric Sunray: Standing together to fight tribal disenrollment (10/22)
SCIA to hold listening session at NCAI on Indian education bill (10/22)
FNDI urges passage for Indian Teacher Loan Forgiveness Act (10/22)
Chumash Tribe praises BIA movement on land-into-trust bid (10/22)
Steven Newcomb: The role of Latin in empire and colonization (10/22)
Christopher Chavis: Navajo court got it wrong in fluency case (10/22)
Navajo Nation presidential hopeful to be removed from ballot (10/22)
Aging BIA school on Navajo Nation awaits replacement funds (10/22)
Review: NMAI treaties exhibit underscores misunderstandings (10/22)
Alaska Native elders and youth share issues at annual meeting (10/22)
Shinnecock Nation allows felons to hold office in certain cases (10/22)
2nd Circuit hears appeal from former chairman of Pequot Tribe (10/22)
Rep. Don Young criticized for comments to high school students (10/22)
Candidates differ on Spokane Tribe's off-reservation casino bid (10/22)
Poarch Creeks to add hotel to casino with $65M expansion plan (10/22)
Salt River Tribe concerned about Tohono O'odham Nation casino (10/22)
North Fork Rancheria blames rival tribes for holding up compact (10/22)
Ballot proposal authorizes more Class III games in South Dakota (10/22)
Blog: Predictions for gaming with Hillary Clinton in White House (10/22)
Native Sun News: Activists take annual swim to Alcatraz Island (10/21)
Mark Trahant: Alaska Natives ready for conference and election (10/21)
BIA announces consultations for secretarial election regulation (10/21)
Chelsey Luger & Gyasi Ross: From slow suicide to slow healing (10/21)
Bill John Baker: Addressing breast cancer in our communities (10/21)
ICT interview with Assistant Secretary Kevin Washburn of BIA (10/21)
Navajo Nation court still mulling decision in presidential case (10/21)
Column: Billy Mills still inspires 50 years after Olympic victory (10/21)
Editorial: Winnebago Tribe's business makes a big contribution (10/21)
Lincoln Indian Center adopts permanent alcohol ban after party (10/21)
Suquamish Tribe shares fish from hatchery at annual giveaway (10/21)
Editorial: Bad move by Northern Arapaho Tribe on joint council (10/21)
Wisconsin court to hear appeal over Oneida Nation waste plant (10/21)
Coeur d'Alene Tribe reaches out to family that lost home to fire (10/21)
Closure of Chukchansi Tribe's casino affects reservation water (10/21)
Eastern Shawnee Tribe considers casino on ancestral Ohio site (10/21)
Town meeting for Lac Vieux Desert Band off-reservation casino (10/21)
North Fork Rancheria won't give up off-reservation casino plan (10/21)
Tohono O'odham Nation was looking for off-reservation casino (10/21)
Poarch Creeks won't confirm or deny talks for gaming compact (10/21)
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.