Legal Opinion
Kickapoo Tribe of Indians v. State of Kan.
District Court, D. Kansas
Decided March 29, 1993No. 92-4233-SAC, 92-4234-SACPublishedCited by 8 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
CROW, District Judge.
These consolidated cases come before the court on the defendant’s motion pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure to dismiss for lack of jurisdiction. The State of Kansas argues the Eleventh Amendment precludes this court from exercising jurisdiction. The plaintiffs oppose the motion on several different grounds. The parties request oral argument on the motion. The court denies the request as oral argument would not materially assist the court in deciding the motion.
The plaintiffs bring their suits under the Indian Gaming…
2Cases cited34 opinions
- Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
- Edelman v. JordanSupreme Court of the United States · 1974
- Hans v. LouisianaSupreme Court of the United States · 1890
- Atascadero State Hospital v. ScanlonSupreme Court of the United States · 1985
- Morton v. MancariSupreme Court of the United States · 1974
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3Cited by8 opinions
- Seminole Tribe of Florida v. FloridaSupreme Court of the United States · 1996
- Seminole Tribe of Florida v. FloridaCourt of Appeals for the Eleventh Circuit · 1994
- Seminole Tribe of Florida v. State of Florida, Lawton Chiles, Governor of the State of Florida, Poarch Creek Indians, Poarch Band of Creek Indians v. State of Alabama, James E. Folsom, Governor, State of AlabamaCourt of Appeals for the Eleventh Circuit · 1994
- Ponca Tribe of Oklahoma v. OklahomaCourt of Appeals for the Tenth Circuit · 1994
- Ponca Tribe of Oklahoma v. State of Oklahoma David Walters, Governor of the State of Oklahoma, Individually and in His Official Capacity, Pueblo of Sandia v. Bruce King, Governor, State of New Mexico State of New Mexico, States of Alabama, Arizona, California, Connecticut, Florida, Kansas, Michigan, Mississippi, Montana, Nebraska, Nevada, Oklahoma, Rhode Island, South Dakota, and Washington, Amici Curiae. Mescalero Apache Tribe, the Reservation v. State of New Mexico Bruce King, Governor of the State of New Mexico, States of Alabama, Arizona, California, Connecticut, Florida, Kansas, Michigan, Mississippi, Montana, Nebraska, Nevada, Oklahoma, Rhode Island, South Dakota, and Washington, Amici Curiae. Kickapoo Tribe, Also Known as Kickapoo Nation in Kansas, of the Kickapoo Reservation in Kansas Steve Cadue, Tribal Chairman of the Kickapoo Nation in Kansas Prairie Band of Potawatomi Indians, a Federally Recognized Tribe v. State of KansasCourt of Appeals for the Tenth Circuit · 1994
3 more not listed; retrieve them via the Exa API.