WINDOW ROCK UNIFIED SCHOOL DIST. v. REEVES

No. 13-16259, No. 13-16278.

861 F.3d 894 (2017)

WINDOW ROCK UNIFIED SCHOOL DISTRICT; Pinon Unified School District, Plaintiffs-Appellees, v. Ann REEVES; Kevin Reeves; Loretta Brutz; Mae Y. John; Clarissa Hale; Michael Coonsis; Barbara Beall, Defendants, and Richie Nez; Casey Watchman; Ben Smith; Woody Lee; Jerry Bodie; Evelyn Meadows; Unknown Parties, named as John and Jane Does I-V (Current or former members of the Navajo Nation Labor Counsel), Defendants-Appellants. Window Rock Unified School District; Pinon Unified School District, Plaintiffs-Appellees, v. Ann Reeves; Kevin Reeves; Loretta Brutz; Mae Y. John; Clarissa Hale; Michael Coonsis; Barbara Beall, Defendants-Appellants, and Richie Nez; Casey Watchman; Ben Smith; Woody Lee; Jerry Bodie; Evelyn Meadows; Unknown Parties, named as John and Jane Does I-V (Current or former members of the Navajo Nation Labor Counsel), Defendants.

United States Court of Appeals, Ninth Circuit.

Submission Vacated January 5, 2016.

Resubmitted June 28, 2017 San Francisco, California.

Filed June 28, 2017.


Attorney(s) appearing for the Case

Paul Spruhan (argued), Navajo Nation Department of Justice, Window Rock, Arizona, for Defendants-Appellants Richie Nez, Casey Watchman, Ben Smith, Woody Lee, Jerry Bodie, and Evelyn Meadows.

David R. Jordan , Law Offices of David R. Jordan P.C., Gallup, New Mexico, for Defendants-Appellants Ann Reeves, Kevin Reeves, Loretta Brutz, Mae Y. John, Clarissa Hale, Michael Coonsis, and Barbara Beall.

Eileen Dennis GilBride (argued) and Georgia A. Staton , Jones Skelton & Hochuli P.L.C., Phoenix, Arizona; Patrice M. Horstman , Hufford Horstman Mongini Parnell & Tucker P.C., Flagstaff, Arizona; for Plaintiffs-Appellees.

Josephine Foo , Office of the Chief Justice, Judicial Branch of the Navajo Nation, Window Rock, Arizona, for Amicus Curiae Navajo Nation Supreme Court.

Dissent by Judge Christen.


OPINION

This appeal requires us to decide whether it is "colorable or plausible" that a tribal adjudicative forum has jurisdiction over employment-related claims against two public school districts operating schools on leased tribal land. Because the claims arise from conduct on tribal land and implicate no state...

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