Judge Matsumoto: Unkechaug meets tribal sovereignty, immunity criteria

The following article was posted to the Indian Country Today website.  It details the Unkechaug tribe’s continuing struggle to maintain its sovereignty against the state and the City of New York.  The article is in reference to United States District Judge Kiyo A. Matsumoto’s conclusion on October 8, 2009 in GRISTEDE’S FOODS vs. UNKECHAUGE NATION:

Conclusion

Based on the foregoing, the defendants’ motion to
dismiss is granted in part and denied in part as follows: 1) the
Unkechauge Nation’s and, as sued in his official tribal
capacity, Chief Harry Wallace’s motion to dismiss pursuant to
Rule 12(b)(1) of the Federal Rules of Civil Procedure is
granted. 2) As sued in his individual capacity and in his
capacity as owner of the Poospatuck Smoke Shop, Chief Wallace’s
and the Poospatuck Smoke Shop’s motion to dismiss pursuant to
Fed. R. Civ. P. 12(b)(1) is denied.

An article discussing the decision can be found here: http://www.indiancountrytoday.com/archive/65786187.html

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