No. 18-7404

John Laake v. Turning Stone Resort Casino

Lower Court: Second Circuit
Docketed: 2019-01-14
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: 42-usc-1983 civil-procedure civil-rights civil-rights-violation first-amendment free-speech freedom-of-religion indian-land jurisdiction religious-freedom tribal-sovereign-immunity tribal-sovereignty
Key Terms:
SocialSecurity FirstAmendment DueProcess HabeasCorpus
Latest Conference: 2019-04-12 (distributed 2 times)
Question Presented (AI Summary)

Whether the established clause of the First Amendment to the United States Constitution as it pertains to Free Speech and Freedom of Religion effectively stands for a United States citizen while upon Indian land?

Question Presented (from Petition)

QUESTIONS PRESENTED FOR REVIEW 1) Whether the established clause of the First Amendment to the United States Constitution as it pertains to Free Speech and Freedom of Religion effectively stands for a United States citizen while upon Indian land? 2) Whether an Indian entity, such as the Turning Stone Resort Casino, can be held liable and be required to pay reparation for damages which they freely admit committing within their own pleadings against the Petitioner pertaining to his free speech rights and freedom of religion, which are violations of the Constitution? 3) Whether the Supreme Court decision of 1978 in the case of Santa Clara Pueblo v. Martinez (436 U.S. 49) — which was primarily relied upon by Respondent to purportedly prop up the so-called “tribal sovereign immunity from lawsuits” — was decided in error when it denied the equal rights of the female members of the tribe? 4) Whether United States law could be construed any other way than what it. says when it clearly states that Federal District Courts have the original jurisdiction over any civil rights violation actions brought by a United States citizen against any party, as stated in 28 U.S.C. § 1343? 5) Whether United States law as stated in 42 U.S.C. § 1983 could be construed in any other way than a clear rendering which is that of required liability by any person to a wronged party, when having caused deprivation and loss of civil rights, as guaranteed under the Constitution of the United States? 6) Whether the United States.Government shields from lawsuits an entity or group that blatantly and openly flouts its laws as pertaining to civil rights matters that are provided for under the United States Constitution? ii

Docket Entries

2019-04-15
Rehearing DENIED.
2019-03-27
DISTRIBUTED for Conference of 4/12/2019.
2019-03-18
Petition for Rehearing filed.
2019-02-25
Petition DENIED.
2019-02-07
DISTRIBUTED for Conference of 2/22/2019.
2019-01-28
Waiver of right of respondent Turning Stone Resort Casino to respond filed.
2019-01-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 13, 2019)

Attorneys

John Laake
John Laake — Petitioner
John Laake — Petitioner
Turning Stone Resort Casino
Pamela R. StarsiaOneida Indian Nation Legal Department, Respondent
Pamela R. StarsiaOneida Indian Nation Legal Department, Respondent