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: Appellate Law and PracticeCA1: another chapter in Narragansett Indian Tribe lawsuit ends on procedural note
By S. COTUS
Thomas v. State of RI, No. 07-1985. This is yet another appeal regarding a raid onto the tribal lands. As you may recall, the First Circuit in Narragansett Indian Tribe v. Rhode Island, 449 F.3d 16, 30-31 (1st Cir. 2006) (en banc) (our coverage here) decided that ?state officers could execute a search warrant on tribal lands and arrest members of the Tribe in order to enforce the State's laws.? . But, now they are arguing that the earlier cases didn't decide whether the state has jurisdiction over the tribe. The plaintiffs sought leave to amend, but that was denied.
The First says that the complaint in the second lawsuit didn't aledge of lack of probable cause, and the complaint was really just too vague. Moreover, the request for leave to amend didn't comply with local rules.
Full post as published by Appellate Law and Practice on September 24, 2008 (boomark / email).
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