United States First Circuit

A magistrate judge's determination that federal law prevents an agency of the state of Maine from enforcing state employment discrimination laws against a Native American tribe is reversed and remanded where: 1) a provision of the federal Maine Indian Claims Settlement Act (MICSA) makes the tribe subject to the laws of the state, abrogating any aspects of tribal immunity which might have prevented application of Maine's employment laws; 2) the later-enacted federal Aroostook Band of Micmacs Settlement Act does not conflict with or repeal the applicable provision of MICSA; and 3) the question in the case is resolved by the federal statutes, and not by Indian common law.

Appellate Information

• Decided 04/17/2007
• Published 04/17/2007

Judges

• LYNCH, Circuit Judge., Before LYNCH, Circuit Judge, CAMPBELL, Senior Circuit Judge, and LIPEZ, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Christopher C. Taub, Assistant Attorney General, with whom G. Steven Rowe, Attorney General, and Paul Stern, Deputy Attorney General, were on brief, for appellants Ryan, Kessler, Vestal, Varner, O'Brien, and Aiello., Matthew S. Keegan, with whom Johnson & Webbert, LLP was on brief, for appellants Gardiner and Condon., Michael A. Duddy and Kelly, Remmel & Zimmerman on brief for Houlton Band of Maliseet Indians, amicus curiae.


• For Appellees:
  
• Douglas J. Luckerman, with whom Law Office of Douglas J. Luckerman, Gregory P. Dorr, Farrell, Rosenblatt & Russell, and David Kaplan were on brief, for appellee.