Indian Nations Law Update – July 2015 – The National Law Review

July 7, 2015

The Supreme Court agrees to hear the Dollar General case

The Supreme Court agreed on June 15 to review the Fifth Circuit Court of Appeals’ decision in Dolgencorp, Inc. v. Mississippi Band of Choctaw Indians, 746 F.3d 167 (5th Cir. 2014). The Court’s decision, expected in spring 2016, will likely be a significant addition to the court’s jurisprudence relating to tribal jurisdiction over non-Indians.

Dolgencorp Inc. and Dollar General Corporation (Dolgen) operated a Dollar General store on trust land on the Choctaw Indian Reservation under a lease and business license from the Mississippi Band of Choctaw Indians (Tribe). Townsend, a non-Indian Dolgen employee, allegedly molested John Doe (JD), a minor tribal member, while JD worked at the store under a work experience program run by the Tribe. JD and his parents sued Townsend and Dolgen in tribal court. Dolgen and Townsend then sued the Tribe and the Tribal Court in federal court, challenging the tribal court’s jurisdiction. The federal district court granted summary judgment to the Tribe, holding that (1) there was no jurisdiction under the Second Exception identified by the U.S. Supreme Court in Montana v. U.S. because the nonmember conduct did not “imperil the subsistence of the tribal community and tribal jurisdiction thus cannot be necessary to avert catastrophic consequences” but that (2) the Tribe had jurisdiction under the First Montana Exception based on Dolgen’s agreement to participate in the Tribe’ job placement program.

Read More: http://www.natlawreview.com/article/indian-nations-law-update-july-2015