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Matter Regarding Indian Tribal Court Jurisdiction, and Civil Rights Matter

By FindLaw Staff on July 07, 2010 12:46 PM

Attorney's Process & Investigation Servs., Inc. v. Sac & Fox Tribe of the Miss. in Iowa, No. 09-2605, involved an action seeking a declaratory judgment that an Indian tribal court lacked jurisdiction and an order compelling arbitration.  The court of appeals affirmed summary judgment for defendant in part on the ground that the tribal courts could exercise adjudicatory jurisdiction over the tribe's claims against plaintiff for trespass to land, trespass to chattels, and conversion of tribal trade secrets.  However, the court reversed in part, holding that the tribal court did not have jurisdiction under the second Montana exception over the tribe's claim for conversion of tribal funds.

Orr v. Larkins, No. 08-3857, concerned an action claiming that prison officials violated plaintiff's rights under the Due Process Clause of the Fourteenth Amendment, and under the Eighth Amendment, by keeping him in administrative segregation for about nine months following his third "dirty" urine test.  The court of appeals affirmed the dismissal of the complaint, on the ground that a demotion to administrative segregation, even without cause,
was not itself an atypical and significant hardship.

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