Vann v. United States Dep't of the Interior, 701 F.3d 927 (D.C. Cir. 2012). · Go Syfert
Vann v. United States Dep't of the Interior, 701 F.3d 927 (D.C. Cir. 2012). Cases Citing This Book View Copy Cite
44 citation events (44 in the last 25 years) across 14 distinct courts.
Treatment trajectory · 2013 → 2026 · click a year to view as-of
2013 2019 2026
Top citers, strongest first. 23 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Hinton v. Nation
D.D.C. · 2024 · signal: see also · quote attribution · 1 verbatim quote · confidence high
because the cherokee nation is a sovereign 4 entity, it is entitled to sovereign immunity and may not be sued without its consent.
examined Cited as authority (verbatim quote) Universal Life Church Monastery Storehouse v. Nabors
M.D. Tenn. · 2020 · quote attribution · 1 verbatim quote · confidence high
under supreme court precedent, suing an appropriate state official is the standard approach by which a party may obtain declaratory or injunctive relief with respect to a sovereign entity notwithstanding sovereign immunity.
cited Cited as authority (rule) Cranford, II v. United States Department of the Interior
D.D.C. · 2026 · confidence medium
Id. at 52 (citing Vann v. U.S. DOI, 701 F.3d 927, 928 (D.C.
discussed Cited as authority (rule) Simon v. Social Security Administration
D.D.C. · 2025 · confidence medium
The “Ex parte Young doctrine allows suits for declaratory and injunctive relief against government officials in their official capacities—notwithstanding the sovereign immunity possessed by the government itself.” Vann v. U.S. Dep’t of Interior, 701 F.3d 927, 929 (D.C.
cited Cited as authority (rule) Doe v. Administrative Office of the U.S. Courts
D.D.C. · 2025 · confidence medium
Apr. 4, 2023) (quoting Vann v. U.S. Dep’t of Interior, 701 F.3d 927, 929 (D.C.
discussed Cited as authority (rule) Cayuga Nation v. New York State Gaming Commission (2×) also: Cited "see"
N.D.N.Y. · 2025 · confidence medium
Mar. 9, 2023) and Vann v. U.S. Dep’t of Interior, 701 F.3d 927, 929 (D.C.
discussed Cited as authority (rule) Commissioner of the N.Y. State Dept. of Transp. v. Polite (2×) also: Cited "see"
N.Y. App. Div. · 2024 · confidence medium
Thus, there is every reason to believe that the Trustee defendants will adequately represent the Nation's interests in this action, thereby mitigating any prejudice resulting from the Nation's nonjoinder ( see L-3 Communications Corp. v SafeNet, Inc. , 45 AD3d at 12 ; see also Jamul Action Comm. v Simermeyer , 974 F3d at 997 [when officers of a Native American nation are properly sued in their official capacities under Ex parte Young , their interests align with those of the nation, and they may adequately represent the nation's interests]; Vann v United States Dept. of Interior , 701 F3d 927,…
discussed Cited as authority (rule) Tule Lake Com. v. Follis CA3
Cal. Ct. App. · 2024 · confidence medium
Cir. 2012) 701 F.3d 927, 929 [the Ex parte Young doctrine is based on the “ ‘fiction’ ” that when a court commands an official to “ ‘do nothing more than refrain from violating federal law, [the official] is not the State [or tribe] for sovereign-immunity purposes’ ”]; Vann, at p. 930 [a claim that an official “is violating federal law” presents a “typical Ex parte Young scenario” (italics added)].) Here, the second and third causes of action in the Committee’s complaint cannot be saved by the Ex parte Young doctrine because they allege violations of state law only.
discussed Cited as authority (rule) Mahoney v. United States Capitol Police Board (2×)
D.D.C. · 2023 · confidence medium
“The Ex parte Young doctrine allows suits for declaratory and injunctive relief against government officials in their official capacities — notwithstanding the sovereign immunity possessed by the government itself.” Vann v. U.S. Dep’t of Interior, 701 F.3d 927, 929 (D.C.
cited Cited as authority (rule) Slone v. DeWine
S.D. Ohio · 2022 · confidence medium
Tenn. 2020) (quoting Vann v. U.S. Dep’t of Interior, 701 F.3d 927, 928 (D.C.
cited Cited as authority (rule) Cameron v. EMW Women's Surgical Center, P. S. C.
SCOTUS · 2022 · confidence medium
Morales Feliciano v. Rullan, 303 F. 3d 1, 8 (CA1 2002); Vann v. United States Dept. of Interior, 701 F. 3d 927, 929 (CADC 2012); see generally 11A A. Miller, M.
cited Cited as authority (rule) Cameron v. EMW Women's Surgical Center, P. S. C.
SCOTUS · 2022 · confidence medium
Morales Feliciano v. Rullan, 303 F. 3d 1, 8 (CA1 2002); Vann v. United States Dept. of Interior, 701 F. 3d 927, 929 (CADC 2012); see generally 11A A. Miller, M.
cited Cited as authority (rule) Cameron v. EMW Women's Surgical Center, P. S. C.
SCOTUS · 2022 · confidence medium
Morales Feliciano v. Rullan, 303 F. 3d 1, 8 (CA1 2002); Vann v. United States Dept. of Interior, 701 F. 3d 927, 929 (CADC 2012); see generally 11A A. Miller, M.
cited Cited as authority (rule) Pinson v. United States Department of Justice
D.D.C. · 2017 · confidence medium
Cir. 2011), and may only extend to prospective relief, see Vann v. U.S. Dep't of Interior, 701 F.3d 927, 929 (D.C.
discussed Cited as authority (rule) Loya v. Gutierrez
N.M. · 2015 · confidence medium
Government officials can 16 be sued in their individual capacities for damages under Section 1983, Hafer v. Melo, 17 502 U.S. 21, 30-31 (1991); and in their official capacity for injunctive relief, Vann v. 18 U.S. Dep’t of Interior, 701 F.3d 927, 929 (D.C.
discussed Cited as authority (rule) Loya v. Gutierrez
N.M. · 2015 · confidence medium
Government officials can be sued in their individual capacities for damages under Section 1983, Hafer v. Melo, 502 U.S. 21, 30-31 (1991); and in their official capacity for injunctive relief, Vann v. U.S. Dep’t of Interior, 701 F.3d 927, 929 (D.C.
discussed Cited as authority (rule) Cherokee Nation v. Nash (2×) also: Cited "see"
D.D.C. · 2013 · confidence medium
Kennedy in Vann III, the Court concludes that “the principles of tribal sovereign immunity allow [the Cherokee Nation] to bring the Oklahoma action while maintaining its immunity from this suit” and that “a sovereign’s interest in immunity encompasses not merely whether it may be sued, but where it may be sued.” Vann III, 883 F. Supp. 2d at 53-54 (internal quotations omitted), overruled on other grounds by Vann IV, 701 F.3d at 930 (declining to reach waiver issue due to its disposition on Ex parte Young grounds).6 In practical effect, the lack of any “subject matter” waiver means…
discussed Cited "see" Jason Leopold v. J. Thomas Manger
D.C. Cir. · 2024 · signal: see · confidence high
See Vann v. U.S. Dep’t of Interior, 701 F.3d 927, 928 (D.C.
cited Cited "see" Cherokee Nation v. Nash
D.D.C. · 2013 · signal: see · confidence high
See Vann v. Salazar, 883 F. Supp. 2d 44, 48-53 (D.D.C. 2011) (“Vann III”), overruled by Vann v. United States Dep’t of Interior (“Vann IV ”), 701 F.3d 927, 929-30 (D.C.
cited Cited "see" Cherokee Nation v. Nash
N.D. Okla. · 2013 · signal: see · confidence high
See Vann v. Salazar, 883 F.Supp.2d 44, 48-53 (D.D.C.2011) (“Vann III ”), overruled by Vann v. United States Dep’t of Interior (“Vann IV”), 701 F.3d 927, 929-30 (D.C.Cir.2012).
cited Cited "see, e.g." Dine Citizens Against Ruining v. Bureau of Indian Affairs
9th Cir. · 2019 · signal: see also · confidence low
Improvement & Power Dist. v. Lee, 672 F.3d 1176, 1181 (9th Cir. 2012) (citing Ex parte Young, 209 U.S. 123 (1908)); see also Vann v. U.S. Dep’t of Interior, 701 F.3d 927 (D.C.
discussed Cited "see, e.g." Gingras v. Think Finance, Inc.
2d Cir. · 2019 · signal: see also · confidence low
Co. , 305 U.S. 177 , 183-84, 59 S.Ct. 160 , 83 L.Ed. 111 (1938) ; see also Vann v. U.S. Dep't of Interior , 701 F.3d 927 , 929 (D.C.
discussed Cited "see, e.g." Grand Canyon Skywalk Development, LLC v. Hualapai Indian Tribe
D. Ariz. · 2013 · signal: see, e.g. · confidence low
See, e.g., Vann v. Salazar, 883 F.Supp.2d 44, 53 (D.D.C.2011), rev’d on other grounds, 701 F.3d 927 (D.C.Cir.2012) ("it is settled law that a waiver of sovereign immunity in one forum does not effect a waiver in other forums” because a sovereign's "interest in immunity encompasses not merely whether it may be sued, but where it may be sued” (citations omitted, emphasis in original)). .
Retrieving the full opinion text from the archive…
Marilyn VANN, Et Al., Appellants,
v.
UNITED STATES DEPARTMENT OF THE INTERIOR, Et Al., Appellees
11-5322.
Court of Appeals for the D.C. Circuit.
Dec 14, 2012.
701 F.3d 927
Alvin Dunn argued the cause for appellants. With him on the briefs were Jack McKay, Thomas G. Allen, Cynthia Cook Robertson, and Jonathan Velie., Ethan G. Shenkman, Attorney, U.S. Department of Justice, argued the cause for Federal Appellees. On the brief were William B. Lazarus, Aaron P. Avila, and Kurt G. Kastorf, Attorneys., Jonathan P. Guy argued the cause for appellees Cherokee Nation, et al. With him on the brief were Mark S. Davies and Christopher M. O’Connell.
Tatel, Garland, Kavanaugh.
Cited by 23 opinions  |  Published

Opinion for the Court filed by Circuit Judge KAVANAUGH.

KAVANAUGH, Circuit Judge:

Before the Civil War, members of the Cherokee Nation had slaves. Those slaves were freed in 1866 pursuant to a treaty negotiated between the United States and the Cherokee Nation. The Treaty guaranteed the former Cherokee slaves and their descendants—known as the Freedmen— “all the rights of native Cherokees” in perpetuity. See Treaty with the Cherokee, art. 9, July 19, 1866, 14 Stat. 799. Those rights included the right to tribal membership and the right to vote in tribal elections.

At some point, the Cherokee Nation decided that the Freedmen were no longer members of the tribe and could no longer vote in tribal elections. A group of Freedmen eventually sued in the U.S. District Court for the District of Columbia, claiming that the Cherokee Nation had violated the 1866 Treaty.

Because the Cherokee Nation is a sovereign entity, it is entitled to sovereign immunity and may not be sued without its consent. See Oklahoma Tax Commission v. Citizen Band Potawatomi Indian Tribe of Oklahoma, 498 U.S. 505, 509, 111 S.Ct. 905, 112 L.Ed.2d 1112 (1991); Vann v. Kempthorne, 534 F.3d 741, 746 (D.C.Cir.2008). To avoid the sovereign immunity bar, the Freedmen plaintiffs sued not only the Cherokee Nation itself but also the relevant executive official, the Principal Chief, in his official capacity. Under Supreme Court precedent, that is the standard approach by which a party may obtain declaratory or injunctive relief with respect to a sovereign entity notwithstanding sovereign immunity. See Ex parte Young, 209 U.S. 123, 28 S.Ct. 441, 52 L.Ed. 714 (1908); see also, e.g., Larson v. Domestic & Foreign Commerce Corp., 337 U.S. 682, 69 S.Ct. 1457, 93 L.Ed. 1628 (1949); Shields v. Utah Idaho Central Railroad Co., 305 U.S. 177, 59 S.Ct. 160, 83 L.Ed. 111 (1938).

In opposition to the suit, the Cherokee Nation pointed out that it was entitled to sovereign immunity, but also that it was a required party to the suit under Federal Rule of Civil Procedure 19 and that the Principal Chief could not adequately represent the Cherokee Nation’s interests. [1][*929] Therefore, according to the Cherokee Nation, the suit had to be dismissed.

The District Court agreed with the Cherokee Nation. The District Court concluded that the Cherokee Nation was a required party for purposes of Rule 19, that the Cherokee Nation’s interests could not be adequately represented by the Principal Chief, and that the case could not go forward. See Vann v. Salazar, — F.Supp.2d -,-, -, 2011 WL 4953030, at *3-6, 9 (D.D.C.2011).

We reverse. Applying the precedents that permit suits against government officials in their official capacities, we conclude that this suit may proceed against the Principal Chief in his official capacity, without the Cherokee Nation itself as a party.

The Freedmen have sued the Principal Chief in his official capacity under the doctrine of Ex parte Young, 209 U.S. 123, 28 S.Ct. 441. The Ex parte Young doctrine allows suits for declaratory and injunctive relief against government officials in their official capacities—notwithstanding the sovereign immunity possessed by the government itself. The Ex parte Young doctrine applies to Indian tribes as well. Cf. Oklahoma Tax Commission, 498 U.S. at 514, 111 S.Ct. 905; see generally Larson, 337 U.S. at 689-92, 69 S.Ct. 1457; Richard H. Fallon, Jr., Daniel J. Meltzer & David L. Shapiho, Hart and Wechsler’s The Federal Courts and the Federal System 958-60 (5th ed. 2003).

The Ex parte Young doctrine is based on a “fiction”—namely, that “when a federal court commands a state official to do nothing more than refrain from violating federal law, he is not the State for sovereign-immunity purposes.” Virginia Office for Protection & Advocacy v. Stewart, - U.S. -, 131 S.Ct. 1632, 1638, 179 L.Ed.2d 675 (2011); see Larson, 337 U.S. 682, 69 S.Ct. 1457; Davis v. Gray, 83 U.S. 203, 16 Wall. 203, 21 L.Ed. 447 (1872); Osborn, v. Bank of United States, 22 U.S. 738, 9 Wheat. 738, 6 L.Ed. 204 (1824); Fallon et al„ The Federal Courts and the Federal System 958-60. The doctrine is called a fiction because the suit in effect binds the government entity just as would a suit against the government entity itself. In such suits, the government in question stands behind the official “as the real party in interest.” Davis, 83 U.S. at 220. Indeed, an injunction entered against an officer in his official capacity is binding on the officer’s successors. See Fed.R.Civ.P. 65(d); Acheson v. Albert, 195 F.2d 573, 576 n. 9 (D.C.Cir.1952) (“The judgment entered in the present case would no doubt be res judicata on the law and facts as against the Secretary’s successors in office.”); 11 A Charles Alan Wright, Arthur R. Miller & Mary Kay Kane, Federal Practice and Procedure § 2956 (2d. ed. 1995) (“A decree binding a public official generally is valid against that official’s successors in office.”).

As a practical matter, therefore, the Cherokee Nation and the Principal Chief in his official capacity are one and the same in an Ex parte Young suit for declaratory and injunctive relief. As a result, the Principal Chief can adequately[*930] represent the Cherokee Nation in this suit, meaning that the Cherokee Nation itself is not. a required party for purposes of Rule 19. By contrast, if we accepted the Cherokee Nation’s position, official-action suits against government officials would have to be routinely dismissed, at least absent some statutory exception to Rule 19, because the government entity in question would be a required party yet would be immune from suit and so could not be joined. But that is not how the Ex parte Young doctrine and Rule 19 case law has developed.

Nor is there any basis for distinguishing this case involving an American Indian tribe from a run-of-the-mill Ex parts Young action. Here, the named defendant—the Principal Chief—is the head of the executive branch of the Cherokee Nation. See Cherokee Const., art. VII, § 1 (“The executive power shall be vested in a Principal Chief.id. art. VII, § 9 (“The Principal Chief shall eause the laws of the Cherokee Nation to be faithfully executed, and shall conduct in person” all “communications and business of the Cherokee Nation.”). The claim here is that the Principal Chief—and through him, the sovereign tribe—is violating federal law. The defense is that the Principal Chief—and hence the sovereign tribe—is not violating federal law. This case presents a typical Ex parte Young scenario.

Our analysis is consistent, moreover, with the precedents of other courts of appeals. In line with the basic Ex parte Young principles, the Ninth Circuit and Tenth Circuit have similarly concluded that a tribe is not a required party under Rule 19 in suits naming a tribal official in his official capacity. In Salt River Project Agricultural Improvement and Power District v. Lee, the Ninth Circuit ruled that Navajo officials responsible for enforcing a challenged tribal law “adequately represent the Navajo Nation’s interests.” 672 F.3d 1176, 1180 (9th Cir.2012). The court added that there was “no suggestion that the officials’ attempt to enforce the statute here is antithetical to the tribe’s interests” and “no reason to believe the Navajo official defendants cannot or will not make any reasonable argument that the tribe would make if it were a party.” Id. at 1180. In Kansas v. United States, the Tenth Circuit reached a similar conclusion, noting that “the potential for prejudice to the Miami Tribe is largely nonexistent due to the presence in this suit of’ the “tribal officials.” 249 F.3d 1213, 1227 (10th Cir.2001).

In light of our disposition, we need not reach the Freedmen’s argument that the Cherokee Nation waived its sovereign immunity by filing a related suit in Oklahoma. We reverse the judgment of the District Court and remand for further proceedings consistent with this opinion.

So ordered

1

. Federal Rule of Civil Procedure 19 provides in relevant part:

(a) Persons Required to Be Joined if Feasible. (1) Required Party. A person who is subject to service of process and whose join-der will not deprive the court of subject-matter jurisdiction must be joined as a party if:
[*929] (A) in that person’s absence, the court cannot accord complete relief among existing parties; or
(B) that person claims an interest relating to the subject of the action and is so situated that disposing of the action in the person's absence may:
(i) as a practical matter impair or impede the person’s ability to protect the interest; or
(ii) leave an existing party subject to a substantial risk of incurring double, multiple, or otherwise inconsistent obligations because of the interest.