United States First Circuit

The State violated plaintiff-Indian Tribe's sovereign rights when it enforced the criminal provisions of its cigarette tax laws by executing a search warrant against the Tribal government's Smoke Shop.

Appellate Information

• Decided 05/12/2005
• Published 05/12/2005

Judges

• Before BOUDIN, Chief Judge, TORRUELLA, SELYA, LYNCH, LIPEZ and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Douglas J. Luckerman, with whom John F. Killoy, Jr. and David Kaplan were on brief, for appellant., Jill Elise Grant, Daniel I.S.J. Rey-Bear, Rodina C. Cave, and Nordhaus Law Firm, LLP on brief for National Congress of American Indians, American Civil Liberties Union, and American Civil Liberties Union, Rhode Island Affiliate, amici curiae.


• For Appellees:
  
• Claire J. Richards, Special Counsel, for appellee Governor Donald L. Carcieri., Neil F.X. Kelly, Assistant Attorney General, with whom Patrick C. Lynch, Attorney General, was on brief, for remaining state appellees., Joseph S. Larisa, Jr., Assistant Solicitor, for municipal appellees.