No. 19-477

Arletta J. Kurowski v. Estate of Kenneth H. Kurowski, et al.

Lower Court: Seventh Circuit
Docketed: 2019-10-10
Status: Denied
Type: Paid
Tags: collateral-estoppel court-of-competent-jurisdiction due-process federal-jurisdiction federal-rights full-and-fair-opportunity-to-litigate judicial-competency native-american-rights tribal-court-exhaustion tribal-court-jurisdiction
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2019-12-13
Question Presented (AI Summary)

Upon tribal court exhaustion must District Courts perform a threshold inquiry to protect the Indian Petitioners' federal 25 U.S.C. § 1302 rights?

Question Presented (OCR Extract)

QUESTION PRESENTED This Court presses, 1) tribal court exhaustion}, 2) a “court of competent jurisdiction”?, and 3) a “full and fair opportunity to litigate’’. The Oneida Indian Petitioner exhausted [her] tribal court remedy, the Oneida Judiciary is incompetent+, preclusion elements® (2) and (4) are required to apply collateral estoppel but fail. Zd., at (4), the Chief Trial Judge “effectively limited litigation”® fairness’. In five days and without a threshold inquiry, the E.D. Wis., Orders a Dismissal for “lack of jurisdiction”$ over the incompetent and unfair tribal court-exhausted decision. Like “whites,” Native American litigants must also have a federal right to be protected against an unlawful exercise of Tribal Court judicial power”?. The question presented is: Upon tribal court exhaustion must District Courts perform a threshold inquiry to protect the Indian Petitioners’ federal 25 U.S.C. § 1302 rights? 1 National Farmers Union Insurance Companies v. Crow Tribe, 471 U.S. 845 (1985) at 849, see also /owa Mutual Insurance Company v. LaPlante, 480 U.S. 9 (1987), and Burrell v. Armijo, 456 F.3d 1159 (10° Cir. 2006). ? Montana v. United States, 440 U.S. 147 (1979) at 153. 3 Kremer v. Chemical Construction Corp., 456 U.S. 461 (1982) at 480. 4 Elected but unqualified. The trial judge dismissed the cases because they were not small claims cases, inferring gross incompetence. 5 Dodge v. Cotter Corp., 203 F.3d 1190 (2000) at 1198. © Murdock v. Ute Indian Tribe of Uintah & Ouray Reservation, 975 F.2d 683 (1992) at 689. 7 The Chief Trial Judge attended a hearing and covers up for [her] family who pilfered the $5,000 death benefit by preventing trial discovery. ® Case 1:19-cv-00274-WCG, filed 02/25/19, page 1 of 1 Document 2. ° National Farmers Union at 851. F

Docket Entries

2019-12-16
Petition DENIED.
2019-11-26
DISTRIBUTED for Conference of 12/13/2019.
2019-08-27
Petition for a writ of certiorari filed. (Response due November 12, 2019)

Attorneys

Arletta Kurowski
Arletta J. Kurowski — Petitioner
Arletta J. Kurowski — Petitioner