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Belcourt Public School District v. Herman

United States Court of Appeals, Eighth Circuit

May 15, 2015

Belcourt Public School District; Roman Marcellais; School Board Members for the Belcourt Public School District, Plaintiffs - Appellants
v.
Steve Herman, Defendant - Appellee, Turtle Mountain Tribal Court, Defendant; Belcourt Public School District, Plaintiff - Appellant
v.
Erica Malaterre, Defendant - Appellee, Turtle Mountain Tribal Court, Defendant; Belcourt Public School District; Chris Parisien, Plaintiffs - Appellants
v.
Mike Nelson; Judy Nelson on behalf of their Minor Child S.N., Defendants - Appellees, Turtle Mountain Tribal Court, Defendant; Belcourt Public School District; Roman Marcellais; School Board Members for the Belcourt Public School District, Plaintiffs - Appellants
v.
Bruce Allard; Martin Desjarlais; Jeff Laducer; Chad Marcellais; Robert St. Germaine, Defendants - Appellees, Turtle Mountain Tribal Court, Defendant; Belcourt Public School District; Roman Marcellais; School Board Members for the Belcourt Public School District, Plaintiffs - Appellants
v.
Steve Herman, Defendant - Appellee, Turtle Mountain Tribal Court, Defendant;

Submitted: December 10, 2014.

Page 654

Appeals from United States District Court for the District of North Dakota - Bismarck.

For Belcourt Public School District, Angel Poitra, Plaintiffs - Appellants (14-1541): Rachel Bruner-Kaufman, Pearce & Durick, Bismarck, ND; Jonathan P. Sanstead, Bismarck, ND.

For Ella Davis, Defendant - Appellee (14-1541): Donald George Bruce, Belcourt Law Office, Belcourt, ND.

For Belcourt Public School District, Plaintiff - Appellant (14-1542): Rachel Bruner-Kaufman, Pearce & Durick, Bismarck, ND; Jonathan P. Sanstead, Bismarck, ND.

For Erica Malaterre, Defendant - Appellee (14-1542): Reed Soderstrom, Pringle & Herigstad, Minot, ND.

For Belcourt Public School District, Chris Parisien, Plaintiffs - Appellants (14-1543): Rachel Bruner-Kaufman, Pearce & Durick, Bismarck, ND; Jonathan P. Sanstead, Bismarck, ND.

For Mike Nelson, Judy Nelson, on behalf of their Minor Child S.N., Defendants - Appellees (14-1543): Donald George Bruce, Belcourt Law Office, Belcourt, ND.

For Belcourt Public School District, Roman Marcellais, School Board Members for the Belcourt Public School District, Plaintiffs - Appellants (14-1545): Rachel Bruner-Kaufman, Pearce & Durick, Bismarck, ND; Jonathan P. Sanstead, Bismarck, ND.

For Bruce Allard, Martin Desjarlais, Jeff Laducer, Chad Marcellais, Robert St. Germaine, Defendants - Appellees (14-1545): Donald George Bruce, Belcourt Law Office, Belcourt, ND.

For Belcourt Public School District, Roman Marcellais, School Board Members for the Belcourt Public School District, Plaintiffs - Appellants (14-1548): Rachel Bruner-Kaufman, Pearce & Durick, Bismarck, ND; Jonathan P. Sanstead, Bismarck, ND.

For Steve Herman, Defendant - Appellee (14-1548): Donald George Bruce, Belcourt Law Office, Belcourt, ND.

Before BYE, SMITH, and KELLY, Circuit Judges.

OPINION

Page 655

SMITH, Circuit Judge.

Plaintiff-Appellants, Belcourt Public School District (" School District" ) and certain of its employees, brought an action against Defendant-Appellees, members of the Turtle Mountain Band of Chippewa Indians (" Tribe" ) and the Turtle Mountain Tribal Court (" Tribal Court" ), seeking (1) a declaration that the Tribal Court lacks jurisdiction over claims that the Tribe members filed against Plaintiff-Appellants in Tribal Court, and (2) injunctions prohibiting the prosecution of the claims before the Tribal Court. Plaintiff-Appellants also moved for default judgment against one of the Tribe members. The district court denied the motion for default judgment and found that the Tribal Court had jurisdiction.

Page 656

For the reasons stated herein, we affirm in part and ...


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