Penobscot Nation v. Fellencer

999 F. Supp. 120, 1998 U.S. Dist. LEXIS 3153, 73 Empl. Prac. Dec. (CCH) 45,336, 76 Fair Empl. Prac. Cas. (BNA) 974, 1998 WL 139407
CourtDistrict Court, D. Maine
DecidedMarch 13, 1998
DocketCiv. No. 97-231-B
StatusPublished
Cited by3 cases

This text of 999 F. Supp. 120 (Penobscot Nation v. Fellencer) is published on Counsel Stack Legal Research, covering District Court, D. Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Penobscot Nation v. Fellencer, 999 F. Supp. 120, 1998 U.S. Dist. LEXIS 3153, 73 Empl. Prac. Dec. (CCH) 45,336, 76 Fair Empl. Prac. Cas. (BNA) 974, 1998 WL 139407 (D. Me. 1998).

Opinion

[122]*122ORDER AND MEMORANDUM OF DECISION

BRODY, District Judge.

Plaintiff, Penobscot Nation (“the Nation” or “the Tribe”), seeks a permanent injunction enjoining Defendant, Cynthia A. Fellencer, a former employee of Plaintiff, from pursuing claims arising under the Maine Human Rights Act, 5 M.R.S.A. § 4551 et seq. (“MHRA”), against it in the matter of Fellencer v. Penobscot Indian Nation, No. CV-95-275 (Maine Superior Court, Penobscot County, filed Aug. 14, 1995), and a declaration that Defendant’s claims under the MHRA violate Plaintiff’s right to govern its internal affairs as established by the Maine Indian Claims Settlement Act of 1980, 25 U.S.C. § 1721 et seq. (“Settlement Act”).

Plaintiff and Defendant have filed cross-motions for summary judgment and the Justice Department, on behalf of the United States, has filed an Amicus Curiae Memorandum in support of Plaintiff’s motion. For the reasons discussed more fully below, the Court holds that the Nation’s employment of Defendant is not an “internal tribal matter” and is, therefore, subject to state law and the requirements of the MHRA. Thus, Defendant’s motion is GRANTED and Plaintiff’s motion is DENIED.

I. SUMMARY JUDGMENT

Summary judgment is appropriate in the absence of a genuine issue as to any material fact and when the moving party is entitled to judgment as a matter of .law. Fed.R.Civ.P. 56(e). An issue is genuine for these purposes if “the evidence is such that a reasonable jury could return a verdict for the nonmoving party.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). A material fact is one that has “the potential to affect the outcome of the suit under applicable law.” Nereida-Gonzalez v. Tirado-Delgado, 990 F.2d 701, 703 (1st Cir. 1993). For the purposes of summary judgment the Court views the record in the light most favorable to the nonmoving party. See McCarthy v. Northwest Airlines, Inc., 56 F.3d 313, 315 (1st Cir.1995).

II. BACKGROUND

The relevant facts of this case are largely undisputed. Defendant, who is not a member of the Nation, was hired by Plaintiff to work in the Penobscot Nation Health Department as a Community Health Nurse/Diabetes Program Coordinator in or around December, 1992, or January, 1993. Defendant was paid out of governmental funds of the Nation and her duties included treating sick and elderly members of the Nation, filing reports relating to communicable diseases with Indian Health Services, coordinating a Diabetes Interdisciplinary Team, and serving as an AIDS Prevention Coordinator. Def.’s Ex. 2; Pl.’s Statement of Material Facts (“SOF”) ¶3. She worked in this capacity until September, 1994, when the Penobscot Nation Tribal Council (“Tribal Council”) voted to terminate her employment. Pl.’s SOF ¶4. According to Plaintiff, Fellencer was fired after the Tribal Council received complaints about mistreatment of tribal members. Id. However, in a letter addressed to Fellencer dated September 27, 1994, the Governor of the Nation, Jerry Pardilla, admitted that the Tribal Council “over-stepped its authority,” provided Fellencer “no opportunity ... to respond” to charges against her, and “subvert[ed] the Personnel Policies and sought to force your resignation.” Def.’s Ex. 4. Governor Pardilla wrote that the Council fired Fellencer for “political reasons” and admitted that “there is no existent procedural basis for requesting your resignation, and; further, it is not based on an objective evaluation of your work performance.” Id.

In October, 1994, Defendant filed an administrative complaint against Plaintiff with the Office of Federal Contract Compliance Programs (“OFCCP”), asserting that the Nation discharged her for discriminatory reasons in violation of a federal contract between the Penobscot Nation and the federal Indian Health Services agency that provided funding for her position at the Penobscot Nation Health Department. Fellencer Aff. ¶ 12. The OFCCP attempted to conduct an investigation of Defendant’s allegations but was rebuffed by the Nation which contended OFCCP lacked jurisdiction over the matter. Def.’s Ex. 4.

[123]*123On November 2, 1994, Defendant filed a charge of discrimination with the Maine Human Rights Commission (“MHRC”) and the U.S. Equal Employment Opportunity Commission (“EEOC”) alleging that she was discharged on the basis of her race and national origin. Pl.’s Ex. 6. On January 30,1995, the MHRC informed Defendant that her charge had been dismissed because the MHRC lacked jurisdiction over matters involving employment by the tribal government. Pl.’s Ex. 1. The MHRC relied entirely on a 1984 opinion of the Maine Attorney General which concluded that under the Settlement Act employment decisions of the Nation are “internal tribal matters,” and therefore not subject to regulation by the State of Maine. Pl.’s Ex. 1.

Defendant then petitioned the Penobscot County Superior Court for review of the MHRC’s decision. Pl.’s Ex. 8. The Superior Court dismissed Defendant’s action on the ground that the MHRC’s decision was not a final judgment warranting appellate review, but, rather, an administrative decision which did not affect her substantive rights. PL’s Ex. 9. The court indicated, however, that Defendant was free to bring a direct action against the Nation. Id. Defendant then filed a complaint against the Nation in Superior Court on August 14,1995, alleging violation of the MHRA and breach of contract. PL’s Ex. 10.

The Nation moved to dismiss Defendant’s claim on the ground that the MHRA does not apply to the Penobscots. Superior Court Judge Donald H. Marden, in a nine-page opinion, denied the Nation’s motion. Fellencer v. Penobscot Indian Nation, No. CV-95-275 (Maine Superior Court, Penobscot County, July 30,1996) (order denying motion to dismiss). Relying on Penobscot Nation v. Stilphen, 461 A.2d 478, 490 (Me.1983), in which the Maine Law Court reasoned that “internal tribal matters” refers to those matters historically and culturally significant or unique to the Nation, Judge Marden declined to rule as a matter of law that all employment decisions of the Nation invoke areas of partieular cultural importance. Determining the applicability of the MHRA to the Nation in this case, according to Judge Marden, requires an evaluation of “the cultural, historical and/or societal role the Community Health Nurse plays in the Penobscot Nation,” which is more appropriately conducted at trial. Fellencer v. Penobscot Indian Nation, No. CV-95-275, slip op. at 5. Following a series of discovery disputes, the Nation brought suit in this Court seeking declaratory and injunctive relief and the Superior Court granted a stay of the state proceedings until disposition of this casé.

III. DISCUSSION

A.

The primary issue of this case is whether the Nation’s employment of a Community Health Nurse is an “internal tribal matter” for the purposes of the Settlement Act.

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999 F. Supp. 120, 1998 U.S. Dist. LEXIS 3153, 73 Empl. Prac. Dec. (CCH) 45,336, 76 Fair Empl. Prac. Cas. (BNA) 974, 1998 WL 139407, Counsel Stack Legal Research, https://law.counselstack.com/opinion/penobscot-nation-v-fellencer-med-1998.