Smith v. Babbitt

100 F.3d 556, 1996 WL 640726
CourtCourt of Appeals for the Eighth Circuit
DecidedNovember 7, 1996
DocketNos. 95-1784, 95-3392
StatusPublished
Cited by30 cases

This text of 100 F.3d 556 (Smith v. Babbitt) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Smith v. Babbitt, 100 F.3d 556, 1996 WL 640726 (8th Cir. 1996).

Opinion

BEAM, Circuit Judge.

Louise Smith, et al., appeal the district court’s2 dismissal of their actions alleging, inter alia, violations of the Indian Gaming Regulation Act. Because this dispute essentially involves a question of tribal membership, an intra-tribal matter, this court is without jurisdiction to consider this appeal. Consequently, we affirm the district court’s orders granting summary judgment and dismissing this action.

I. BACKGROUND

The Mdewakanton Sioux Tribe (the Tribe) runs a gaming establishment on federal trust land located near Prior Lake, Minnesota. The establishment has, thus far, been a rather lucrative enterprise. A portion of the gaming revenues are distributed, per capita, to the Tribe’s members.3 According to the allegations in.the amended complaint, these distributions amount to over $400,000, per year, per adult recipient.

Several tribal members and nonmembers (appellants) brought this action in federal court against both tribal and federal officials4 alleging that some ineligible persons were improperly receiving payments, and that other eligible persons were being denied payments to which they were entitled. Appellants alleged violations of the Indian Gaming Regulation Act (IGRA), 25 U.S.C. §§ 2701-2721, the Indian Civil Rights Act (ICRA), 25 U.S.C. §§ 1301-1303, the Indian Reorganization Act (IRA), 25 U.S.C. §§ 461-479, the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. §§ 1961-1968, and the Tribe’s Constitution. Plaintiffs sought injunctive, monetary, declaratory, and equitable relief, as well as a writ of mandamus.

Initially, the district court dismissed the tribal defendants based on tribal sovereign immunity and denied preliminary injunctive relief. Smith v. Babbitt, 875 F.Supp. 1353, 1371 (D.Minn.1995). The plaintiffs appealed. That appeal, No. 95-1784, was treated as an appeal from an interlocutory order and was dismissed by an administrative panel of this [558]*558court. The dismissal was later vacated and clarified by the administrative panel. The panel’s clarification affirmed its dismissal as to the tribal defendants but stated that the appeal of the denial of injunctive relief remained pending as to the federal defendants.

The district court later granted the federal defendants’ motion for summary judgment,5 incorporating by reference its earlier order dismissing the tribal defendants. Smith v. Babbitt, No. 3-94-1435, mem. op. at 14 (D.Minn. Aug. 21, 1995). Again, the plaintiffs appealed. That appeal, No. 95-3392, involves both the dismissal of the tribal defendants and the grant of summary judgment for the federal defendants and subsumes the prior appeal in this matter. Therefore, we dismiss appeal No. 95-1784 as moot and 'limit our discussion to the issues raised in appeal No. 95-3392.

Appellants contend that the district court erred in dismissing the tribal defendants and in granting summary judgment to the federal defendants. Appellants argue, in part, that the district court: (1) has the duty to prevent future violations of federal law by both the tribal and federal defendants; (2) has the authority to enforce IGRA and to determine compliance with its provisions; and (3) has jurisdiction to review the membership determinations of the Tribe. Because most of the plaintiffs’ allegations deal with violations of IGRA, our discussion begins with that statute.

II. DISCUSSION

IGRA allows for the per capita distribution of gaming proceeds to tribal members if such distribution is according to an adopted plan which protects the rights of minors (and certain other persons) and is approved by the Secretary of the Interior. 25 U.S.C. § 2710(b)(3). The Tribe’s allocation plan for per capita payments, the “Gaming Revenue Allocation Amendments to Business Proceeds Distribution Ordinance” (Revenue Allocation Amendments), has received approval from the Secretary of the Interior. Despite this approval, appellants allege that the Mde-wakanton Sioux Tribe is disbursing funds to nonmembers in violation of this provision of IGRA, which expressly limits distribution of proceeds to tribal members. Appellants also argue that such distributions violate ICRA, IRA, RICO, and the Tribe’s Constitution. On its face, the distribution plan only allows for the payments to tribal members. Therefore, the determination as to whether such violations are occurring turns on the issue of tribal membership.

Indian tribes retain elements of sovereign status, including the power to protect tribal self government and to control internal relations. See Montana v. United States, 450 U.S. 544, 564, 101 S.Ct. 1245, 1257-58, 67 L.Ed.2d 493 (1981). One such aspect of this sovereignty is the authority to determine tribal membership. Id. Such membership determinations are generally committed to the discretion of the tribes themselves. Santa Clara Pueblo v. Martinez, 436 U.S. 49, 54, 98 S.Ct. 1670, 1674-75, 56 L.Ed.2d 106 (1978). As the United States Supreme Court has stated, “[a] tribe’s right to define its own membership for tribal purposes has long been recognized as central to its existence as an independent political community.” Id. at 72 n. 32, 98 S.Ct. at 1684 n. 32. Essentially, therefore, a membership dispute is an issue for a tribe and its courts. See, e.g., Equal Employment Opportunity Comm’n v. Fond du Lac Heavy Equip. and Constr. Co., 986 F.2d 246, 249 (8th Cir.1993); Martinez v. Southern Ute Tribe, 249 F.2d 915, 920 (10th Cir.1957).

' The Mdewakanton Sioux Tribe has exercised its power to determine its membership. The membership requirements, found in the Tribe’s Constitution, provide that members must either be: (1) listed on the 1969 census roll; (2) children of at least one-fourth degree Mdewakanton Sioux blood born to an enrolled member of the Tribe; or (3)descendants of at least one-fourth degree Mdewakanton Sioux blood (subject also to successful completion of an application process). Addendum to Appellants’ Brief at 4. [559]*559The Tribe amended these requirements by enacting an “adoption” ordinance, which has now received approval from the Bureau of Indian Affairs (BIA).6 This adoption ordinance increased the number of tribal members eligible for per capita payments and helped spur the instant dispute.

Careful examination of the complaints and the record reveals that this action is an attempt by the plaintiffs to appeal the Tribe’s membership determinations. It is true that appellants allege violations of IGRA, ICRA, IRA, RICO, and the Tribe’s Constitution.

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Bluebook (online)
100 F.3d 556, 1996 WL 640726, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-babbitt-ca8-1996.