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AROOSTOOK BAND OF MICMACS v. RYAN

Nos. 06-1127, 06-1358.

484 F.3d 41 (2007)

AROOSTOOK BAND OF MICMACS, Plaintiff, Appellee, v. Patricia E. RYAN, in her official capacity as Executive Director of the Human Rights Commission of the State of Maine; Warren C. Kessler, in his official capacity as member of the Human Rights Commission of the State of Maine; Paul K. Vestal, Jr., in his official capacity as member of the Human Rights Commission of the State of Maine; James Varner, in his official capacity as member of the Human Rights Commission of the State of Maine; Jadine R. O'Brien, in her official capacity as member of the Human Rights Commission of the State of Maine; Kristen L. Aiello, in her official capacity as member of the Human Rights Commission of the State of Maine, Lisa Gardiner, Tammy Condon, Defendants, Appellants, Beverly Ayoob, Defendant.

United States Court of Appeals, First Circuit.

Decided April 17, 2007.

Attorney(s) appearing for the Case

Christopher C. Taub, Assistant Attorney General, with whom G. Steven Rowe, Attorney General, and Paul Stern, Deputy Attorney General, were on brief, for appellants Ryan, Kessler, Vestal, Varner, O'Brien, and Aiello.

Matthew S. Keegan, with whom Johnson & Webbert, LLP was on brief, for appellants Gardiner and Condon.

Douglas J. Luckerman, with whom Law Office of Douglas J. Luckerman, Gregory P. Dorr, Farrell, Rosenblatt & Russell, and David Kaplan were on brief, for appellee.

Michael A. Duddy and Kelly, Remmel & Zimmerman on brief for Houlton Band of Maliseet Indians, amicus curiae.

Before LYNCH, Circuit Judge, CAMPBELL, Senior Circuit Judge, and LIPEZ, Circuit Judge.

LYNCH, Circuit Judge.

This case arises from a lawsuit brought by the Aroostook Band of Micmacs ("Aroostook Band"), an Indian tribe based in northern Maine. The tribe seeks to enjoin proceedings before the Maine Human Rights Commission ("the Commission"), a state agency which acted on discrimination complaints it had received from three of the tribe's former employees.

The Aroostook Band claims that federal law prevents an agency of the state of Maine from...

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