Fort Yates Pub. Sch. Dist. v. Murphy, No. 14-1702 (8th Cir. 2015)
Annotate this CaseFort Yates School District operates within the Standing Rock Indian Reservation. The North Dakota Constitution requires that the District provide education to children who are Indians or reside on reservations. In 2003, the District and the Tribe entered into an Agreement, providing that both the Standing Rock and the Fort Yates School Boards would govern the school system; that all property or equipment purchased under the Agreement would generally be joint property; and that it "neither diminishes nor expands rights or protections afforded … under tribal, state or federal law." After a fight between two students, A. was suspended and C. obtained a restraining order against A. A. allegedly violated the restraining order by verbally harassing C. at school. The school suspended A. for 10 additional days. Murphy sued on behalf of her daughter, C., a Tribe member, in the Tribal Court, which held that it had jurisdiction. The District did not appeal to the Standing Rock Supreme Court, but filed suit in federal court against Murphy and the Tribal Court. The district court dismissed and remanded to the Tribal Court. The Eighth Circuit reversed with respect to Tribal Court jurisdiction, but affirmed dismissal of the Tribal Court on sovereign immunity grounds.
Court Description: Smith, Author, with Bye and Kelly, Circuit Judges] Civil case - Indian law. In an action alleging the school district failed to protect a minor member of the tribe while she attended a school administered by the district under an operating agreement with the Standing Rock Sioux Tribe, the Tribe failed to establish that either of the Montana v. United States exceptions (an agreement providing for jurisdiction or a threat to the tribe's security or welfare) to the general rule that Tribal Courts do not have jurisdiction over non-Indians applied, and the Tribal Court lacked jurisdiction over the claims; the district court did not err in determining that the Tribe's sovereign immunity barred the District's suit against the Tribal Court; on remand, the district court may need to address Murphy's claim that the matter should be dismissed because her daughter has achieved the age of majority and is an indispensable party; the school district was not required to exhaust available Tribal Court remedies (an appeal to the Tribe's Supreme Court) before bringing this federal court action.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.