United States First Circuit

In a suit by Indian tribe against Rhode Island for seizure of tribe's unstamped, untaxed cigarettes and arrest of tribal members, the state's actions were lawful where a carefully negotiated joint memorandum of understanding codified by federal law subjected the tribe to state laws and allowed for the enforcement of those laws.

Appellate Information

• Decided 05/24/2006
• Published 05/24/2006

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.