Case Summary

Issue:

Whether a non-Indian should be subject to the jurisdiction of a tribal court to which the U.S. Constitution does not apply for alleged tortious conduct occurring within an Indian reservation?

Plaintiff:

EXC Inc. d/b/a Express Charters; D.I.A. Express, Inc.; Russell Conlon; Russell Conlon, Inc.; Go Ahead Vacations; National Interstate Insurance Company

Defendant:

District Court of the Navajo Nation for the Kayenta District

Amicus Curiae:

Mountain States Legal Foundation

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Status

Court

Navajo Supreme Court (Docket No. SC-CV-07-10)

Case History

On September 21, 2004, an automobile/tour bus accident occurred within the exterior boundaries of the Navajo Nation on U.S. Highway 160, near Kayenta, Arizona. The tour bus passengers had stayed overnight at a hotel on Navajo Nation land, and the following day the bus, driven by Russell J. Conlon, left the hotel. As it proceeded westward onto Highway 160 the bus collided head on with a 1997 Pontiac that contained two members of the Navajo Nation. One of the Navajo passengers was killed and the other injured. Those persons or their relatives filed suit against the tour bus owners, operators, driver, and insurance company in the District Court of the Navajo Nation for the Kayenta District.

Those sued by the survivor and relatives were all non-Indians. They filed a motion to dismiss the lawsuit in the Navajo District Court, alleging that the court lacked subject-matter jurisdiction. The District Court entered an Order denying the motion and ruled that it had jurisdiction. Those sued then filed a Petition for Writ of Prohibition with the Navajo Supreme Court asking that the Court bar the District Court from proceeding with the case. On March 17, 2010, the Navajo Supreme Court issued an Order requesting that MSLF, the Native American Rights Fund, the National Congress of American Indians, and Stanford Law School’s Native American Law Student Association file amicus curiae briefs.

On May 3, 2010, MSLF filed an amicus brief in the Navajo Supreme Court arguing that the Navajo Nation may not exercise adjudicatory jurisdiction over non-Indians regarding the accident. Oral arguments were held on May 6, 2010, at the Stanford University Law School.

On September 15, 2010, the Navajo Supreme Court ruled for the Kayenta District Court, and against the petitioners.

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