Newtok Village v. Andy Patrick

facts showing that the construction and effect of the ISDEAA or any other federal law was an essential element of the claims for injunctive and mandamus relief.

The panel held that this case concerned an intratribal dispute, nonjusticiable in federal court, because New Council’s claims were akin to conversion, fraud, and other common law claims between tribal members. The panel concluded that continuing to enforce the permanent injunction risked the federal court’s impermissible involvement in interpreting the Tribe’s constitution and laws. Moreover, the BIA was not a party to the action, further supporting the conclusion that there was no inherent and disputed federal question. The panel held that, because the district court lacked subject matter jurisdiction, the default judgment, permanent injunction, and attorney fees award must be vacated. The panel remanded with instructions for the district court to enter an order of dismissal without prejudice to repleading the complaint if the plaintiffs could establish a federal foundation for their claims.

COUNSEL

Patricia Ferguson-Bohnee (argued), Indian Legal Clinic, ASU Public Interest Law Firm, Phoenix, Arizona; James J.…