Supreme Court Report

Supreme Court of the United States · Official docket →

Duanna Knighton v. Cedarville Rancheria of Northern Paiute Indians, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 17-15515 · judgment April 24, 2019


Certiorari denied · November 12, 2019
Pre-decision estimate: 9% cert probability (95% interval 7%–12%)

Before the decision, about 2.3× the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition).

Question presented

“[T]he inherent sovereign powers of an Indian tribe do not extend to the activities of nonmembers of the tribe.” Montana v. United States, 450 U.S. 544, 565 (1981). The Montana Court recognized two limited narrow exceptions to that rule. But the Court has never resolved the question of whether tribal courts may ever exercise civil tort jurisdiction over nonmembers. In Plains Commerce Bank v. Long Family Land & Cattle Co., 554 U.S. 316 (2008) and in Dollar General Corporation and Dolgencorp, LLC v. The Mississippi Band of Choctaw Indians, et. al. 136 S.Ct. 2159 (2016) the issue was brought before this Court, but unanswered. This case presents the issue of: Whether Indian tribal courts have jurisdiction to adjudicate civil tort claims against nonmembers? Further this case presents the issue of: If the Indian tribal courts have jurisdiction to adjudicate civil tort claims over nonmembers, what is the prerequisite notice of any such authority, what is the prerequisite consent thereto by a nonmember, and what is the viable scope of such jurisdiction so as to satisfy the Due Process rights of a nonmember?

Counsel of record

For petitioner
Patrick Leslie Deedon
Maire & Deedon

For respondent
Jack Duran Jr.
Duran Law Office

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Nov 12 2019
    Petition DENIED.
  2. Oct 23 2019
    DISTRIBUTED for Conference of 11/8/2019.
  3. Oct 03 2019
    Brief of respondents Cedarville Rancheria of Northern Paiute Indians, et al. in opposition filed.
  4. Aug 14 2019
    Motion to extend the time to file a response is granted and the time is extended to and including October 10, 2019.
  5. Aug 06 2019
    Motion to extend the time to file a response from August 26, 2019 to October 10, 2019, submitted to The Clerk.
  6. Jul 23 2019
    Petition for a writ of certiorari filed. (Response due August 26, 2019)