[Sacramento, CA] — On July 17, 2023, Federal Judge Robert
Reavis ruled from the bench in favor of three Modoc Nation tribal officials on
their motion to dismiss in Bennefield, et al v. Burkybile, et al. (Court
of Indian Offenses, CIV-23-MO1). Peebles
Kidder represented the tribal officials named in the litigation.
At a hearing on the motion, Peebles Kidder partner Patrick
Bergin argued that the claims made by 58 plaintiffs in their petition regarding
tribal membership eligibility failed to meet the necessary legal standards
required to proceed. Specifically, he highlighted several deficiencies in the
petition; most importantly the failure to name the real party in interest, the
Modoc Nation, as a defendant, and the request for a declaratory judgment
against a non-party. He explained that
while Modoc Nation is a necessary party, it could not be joined to the case
without a waiver of sovereign immunity from suit, which deprives the court of
jurisdiction.
Furthermore, Mr. Bergin emphasized that the individual
defendants, named in their official capacities, were protected by sovereign
immunity while performing their official duties. He asserted the importance of
respecting tribal sovereignty and the Modoc Nation's right to govern its
internal affairs, including in tribal membership matters.
Recognizing the defendants' arguments, the Court ruled from
the bench and held that the court did not have jurisdiction to hear the case,
as it was actually against the Modoc Nation, a sovereign entity protected by
sovereign immunity.
This decision upholds the principles of tribal sovereignty,
respects the Modoc Nation's authority in determining its membership criteria
and procedures, and reinforces the importance of exhausting tribal remedies
before seeking relief in a different forum.
The Peebles Kidder team representing the Tribal officials
in this case were partners Patrick R. Bergin and W. Blake Follis.