KELSEY v. POPE

No. 14-1537.

809 F.3d 849 (2016)

Norbert J. KELSEY, Petitioner-Appellee, v. Melissa Lopez POPE, et al., Respondents, Daniel T. Bailey, Chief Judge of the Little River Band of Ottawa Indians Tribal Court, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 5, 2016.


Attorney(s) appearing for the Case

ARGUED: Riyaz A. Kanji , Kanji & Katzen, PLLC, Ann Arbor, Michigan, for Appellant. Alistair E. Newbern , Vanderbilt Appellate Litigation Clinic, Nashville, Tennessee, for Appellee. ON BRIEF: Riyaz A. Kanji , Kanji & Katzen, PLLC, Ann Arbor, Michigan, Dan Himmelfarb , Mayer Brown LLP, Washington, D.C., for Appellant. Alistair E. Newbern , Vanderbilt Appellate Litigation Clinic, Nashville, Tennessee, for Appellee. Eugene R. Fidell , New Haven, Connecticut, John L. Smeltzer , United States Department of Justice, Washington, D.C., Ruthanne M. Deutsch , Georgetown University Law Center Appellate Litigation Program, Washington, D.C., for Amici Curiae.

Before: ROGERS and McKEAGUE, Circuit Judges; SARGUS, District Judge.


OPINION

Norbert Kelsey, a member of the Little River Band of Ottawa Indians (the "Band"), was convicted in tribal court of misdemeanor sexual assault for inappropriately touching a tribal employee at the Band's Community Center. The Community Center is located on land owned by the Band but is not located within...

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