Michael Boxx v. Heather Long Warrior

I.

Heather Long Warrior, a member of the Crow Tribe, and Michael Boxx, a non-Indian, are social acquaintances. While at a party, after enjoying some alcoholic libations, they decided to go for a drive in Boxx’s truck. While traveling on Ok-E-Beh Road, the truck rolled off the road, injuring Long Warrior. Ok-E-Beh Road, although it is on the Crow Reservation, is considered to be “non-Indian fee land.” As a result, Long Warrior sued Boxx for her injuries in tribal court.

Shortly after Long Warrior filed her action in tribal court, Boxx filed a motion to dismiss that action. Before the tribal court decided his motion to dismiss, however, Boxx also filed this action in the federal district court to enjoin Long Warrior from pursuing the tribal court action. In the federal action, Boxx filed a motion for summary judgment and, in turn, Long Warrior moved to dismiss the federal action, contending that exhaustion in tribal court was required. While these motions were pending in district court, the tribal court granted Boxx’s motion to dismiss for lack of jurisdiction. Consequently, without ruling on either party’s motion, the district court dismissed Boxx’s action as moot, without…