Arletta J. Kurowski v. Estate of Kenneth H. Kurowski, et al.

This Court presses, 1) tribal court exhaustion1, 2) a “court of competent jurisdiction”2, and 3) a “full and fair opportunity to litigate”3. The Oneida Indian Petitioner exhausted [her] tribal court remedy, the Oneida Judiciary is incompetent4, preclusion elements5 (2) and (4) are required to apply collateral estoppel but fail. Id., at (4), the Chief Trial Judge “effectively limited litigation”6 fairness7. In five days and without a threshold inquiry, the E.D. Wis., Orders a Dismissal for “lack of jurisdiction”8 over the incompetent and unfair tribal court-exhausted decision. Like “whites,” Native American litigants must also have a federal right to be protected against an unlawful exercise of Tribal Court judicial power”9. The question presented is: Upon tribal court exhaustion must District Courts perform a threshold inquiry to protect the Indian Petitioners’ federal 25 U.S.C. § 1302 rights? 1 National Farmers Union Insurance Companies v. Crow Tribe, 471 U.S. 845 (1985) at 849, see also Iowa Mutual Insurance Company v. LaPlante, 480 U.S. 9 (1987), and Burrell v. Armijo, 456 F.3d 1159 (10th Cir. 2006). 2 Montana v. United States, 440 U.S. 147 (1979) at 153. 3 Kremer v. Chemical Construction Corp., 456 U.S. 461 (1982) at 480. 4 Elected but unqualified. The trial judge dismissed the cases because they were not small claims cases, inferring gross incompetence. 5 Dodge v. Cotter Corp., 203 F.3d 1190 (2000) at 1198. 6 Murdock v. Ute Indian Tribe of Uintah & Ouray Reservation, 975 F.2d 683 (1992) at 689. 7 The Chief Trial Judge attended a hearing and covers up for [her] family who pilfered the $5,000 death benefit by preventing trial discovery. 8 Case l:19-cv-00274-WCG, filed 02/25/19, page 1 of 1 Document 2. 9 National Farmers Union at 851. l h.‘-