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MITCHELL v. BAILEY

No. 19-51123.

982 F.3d 937 (2020)

Matthew MITCHELL, Plaintiff-Appellant Cross-Appellee, v. Orico BAILEY, Defendant-Appellee, Hoopa Valley Tribe, doing business as AmeriCorps Hoopa Tribal Civilian Community Corps, Defendant-Appellee Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

Revised December 30, 2020.

Attorney(s) appearing for the Case

Stephen F. Lazor , Tinsman & Sciano, Incorporated, San Antonio, TX, Chad Flores, Esq. , Beck Redden, L.L.P., Houston, TX, for Plaintiff-Appellant Cross-Appellee.

Wesson Tribble , Tribble Ross , Houston, TX, for Defendant-Appellee.

Thane D. Somerville , Thomas Paul Schlosser , Morisset, Schlosser, Jozwiak and Somerville, Seattle, WA, Wesson Tribble , Tribble Ross, Houston, TX, for Defendant-Appellee Cross-Appellant.

Before Owen, Chief Judge, and King and Engelhardt, Circuit Judges.

Matthew Mitchell sued Orico Bailey and the Hoopa Valley Tribe in federal district court for violations of state tort and contract law. The district court, ruling on a 12(b)(1) motion to dismiss, found sovereign immunity barred suit against Bailey, in his official capacity, and the Hoopa Valley Tribe. The district court then...

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