United States Tenth Circuit

In an action by an Indian tribe challenging Oklahoma's seizure of cigarettes failing to bear a tax stamp from the tribe, a dismissal of the complaint is affirmed where sovereign immunity barred plaintiff's claims because plaintiff, in effect, sought to render nugatory, via the Fourth Amendment, the state's cigarette tax enforcement scheme as an affront to Indian sovereignty.

Appellate Information

• Decided 07/09/2010
• Published 07/12/2010

Judges

• Bobby A. Baldock

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Michael Minnis, Larry Patton