Muskogee Creek Freedmen vs ZINKE lawsuit JURISDICTION questions

The estimable TURTLE TALK BLOG has the latest documents on the Muskogee Freedmen lawsuit against Ryan Zink.


From MCFreedmen MOTION to DISMISS:

Defendant’s tribal exhaustion arguments are not relevant here. Tribal exhaustion is not required where an action in tribal court violates express jurisdictional prohibitions, as here. Even if tribal exhaustion were required, the futility exception applies.

But Defendant’s interpretation of the futility exception would have this Court swallow the exception whole. Requiring a plaintiff to actually undertake an action it alleges is futile would mean that plaintiff has, in fact,
exhausted its tribal remedies. The futility exception would have no meaning if given that interpretation. 

Read the rest at TURTLE TALK