28 U.S.C. § 1362
Indian tribes
The district courts shall have original jurisdiction of all civil actions, brought by any Indian tribe or band with a governing body duly recognized by the Secretary of the Interior, wherein the matter in controversy arises under the Constitution, laws, or treaties of the United States.
Notes of Decisions
Cited in 331
cases (27 in the last 5 years), 1966–2025 · leading case: Blatchford v. Native Vill. of Noatak, 501 U.S. 775 (1991).
Blatchford v. Native Vill. of Noatak, 501 U.S. 775 (1991). “In the same year, respondents filed this suit, challenging the commissioner's action on federal equal protection grounds, and seeking an order requiring the commissioner to pay them the money that they would have received had the commissioner not enlarged the program. The…”
Arizona v. San Carlos Apache Tribe of Ariz., 463 U.S. 545 (1983). “It is therefore unfair to force Indian claimants to choose between waiving their sovereign immunity by intervening in the state proceedings and relying on the United States to represent their interests in state court, particularly in light of the frequent conflict of interest…”
Big Sandy Rancheria Enters. v. Rob Bonta, 1 F.4th 710 (9th Cir. 2021). “This exception, set forth at 28 U.S.C. § 1362 , confers federal jurisdiction over claims brought by any Indian tribe or band with a governing body duly recognized by the Secretary of the Interior.”
Cape Fox Corp. v. United States, 456 F. Supp. 784 (D. Alaska 1978). “§§ 2201 , 2202 (the Declaratory Judgment Act), 28 U.S.C. § 1362 (Indian federal question jurisdiction), 28 U.”
Muscogee (Creek) Nation v. Oklahoma Tax Comm'n, 611 F.3d 1222 (10th Cir. 2010). “” MCN asserted jurisdiction under 28 U.S.C. § 1362 , which provides: “The district courts shall have original jurisdiction of all civil actions, brought by any Indian tribe .”
Jicarilla Apache Tribe v. United States of Am., State of New Mexico, Ex Rel. S. E. Reynolds, State Eng'r, Amicus Curiae, 601 F.2d 1116 (10th Cir. 1979). “In partial — but significant — resistance to the Motion to Dismiss in the case at bar, the Tribe argued, inter alia: Plaintiff [Tribe] alleges that this Court has jurisdiction under 28 U.S.C. § 1362 and 43 U.S.C. § 666 (a) .”
Muscogee (Creek) Nation v. Pruitt, 669 F.3d 1159 (10th Cir. 2012). “The district court found that it lacked jurisdiction over MCN’s claims against the OTC because the State had not lost its Eleventh Amendment immunity either by waiver or congressional abrogation under 28 U.S.C. § 1362 . Regarding MCN’s claims against the OTC commissioners and…”
Judybill Osceola Enrolled Member of the Seminole Indian Tribe of Florida & All Others Similarly Situated v. Florida Dep't of Revenue, 893 F.2d 1231 (11th Cir. 1990). “In this appeal, an individual Seminole Indian, who is not a tribe representative or official, asserts that the district court erred in ruling that 28 U.S.C. § 1362 , which provides federal question jurisdiction for Indian tribes, does not also serve as an exception to the bar of…”
Seminole Tribe of Florida v. State of Florida Dep't of Revenue, 750 F.3d 1238 (11th Cir. 2014). “§ 1341 , did not bar its complaint because another federal statute, 28 U.S.C. § 1362 , as interpreted in Moe v.”
SAC & Fox Nation v. Pierce, 213 F.3d 566 (10th Cir. 2000). “3 and 28 U.S.C. § 1362 , as well as under the general federal question and supplemental jurisdiction statutes, 28 U.”
Winnebago Tribe v. Stovall, 341 F.3d 1202 (10th Cir. 2003). “2000), we addressed whether the Eleventh Amendment barred a suit in federal court brought by Indian tribes to enjoin the State of Kansas from collecting taxes on motor fuel distributed to the tribes’ retail stations.”
Montana v. Blackfeet Tribe of Indians, 471 U.S. 759 (1985). “[2] The Blackfeet properly invoked the jurisdiction of the District Court pursuant to 28 U. S. C. § 1362 , which provides: "The district courts shall have original jurisdiction of all civil actions, brought by any Indian tribe or band with a governing body duly recognized by the…”
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