Motion seeks dismissal of Ala's Indian casino lawsuit - WBRC FOX6 News - Birmingham, AL

Motion seeks dismissal of Ala's Indian casino lawsuit

WETUMPKA, AL (WSFA) -

The Poarch Band of Creek Indians is seeking to have Alabama Attorney General Luther Strange's case against them thrown out. 

AG Strange filed a lawsuit in February seeking to stop operation of what his office claims are illegal slot machines at casinos owned by the Poarch Creek Indians.

Attorneys for PCI Gaming Authority filed to move the case to federal court and also filed a motion in the Middle District of Alabama seeking the dismissal on the grounds that the Indian tribe is a federally recognized tribe and enjoys sovereign immunity from prosecution in Alabama.

"This case presents a knowing attempt by the State of Alabama to execute an end run around federal law and to disregard the sovereignty and jurisdictional authority of the Poarch Band of Creek Indians (PBCI), a federally recognized Indian tribe," the defendants wrote.

[DOCUMENT: Motion to Dismiss (.pdf)]

[DOCUMENT: Support of Dismissal (.pdf)]

[DOCUMENT: Notice of Removal of Civil Action (.pdf)]

AG Strange has until April 22, 2013 to respond to the motion. Defendants will have until April 29, 2013 to respond to his response.

Copyright 2013 WSFA 12 News.  All rights reserved.

  • NewsMore>>

  • Fred: A rainy weather pattern setting up

    Fred: A rainy weather pattern setting up

    Saturday, December 16 2017 11:21 AM EST2017-12-16 16:21:27 GMT
    (Source: Fred Hunter/WBRC)(Source: Fred Hunter/WBRC)
    Big weather changes will be affecting our weather in the week ahead but today sunshine remains along with temperatures a few degrees below average for both this afternoon and Sunday. We continue to see increasing clouds through tonight with overnight lows early tomorrow morning in the 32-39 degree range as the next rain maker approaches later in the day. The first rain may approach during the pre-dawn hours in Northwest Alabama but these will only be a few isolated showers. An area of...More >>
    Big weather changes will be affecting our weather in the week ahead but today sunshine remains along with temperatures a few degrees below average for both this afternoon and Sunday. We continue to see increasing clouds through tonight with overnight lows early tomorrow morning in the 32-39 degree range as the next rain maker approaches later in the day. The first rain may approach during the pre-dawn hours in Northwest Alabama but these will only be a few isolated showers. An area of...More >>
  • Fred: A cold beginning for the weekend

    Fred: A cold beginning for the weekend

    Saturday, December 16 2017 11:14 AM EST2017-12-16 16:14:43 GMT
    (Source: Fred Hunter/WBRC)(Source: Fred Hunter/WBRC)

    A ridge of high pressure will build briefly over the region today as a dry air mass remains in place, although we will see more clouds through the day.  

    More >>

    A ridge of high pressure will build briefly over the region today as a dry air mass remains in place, although we will see more clouds through the day.  

    More >>
  • Former Oneonta cop charged with multiple child sex charges

    Former Oneonta cop charged with multiple child sex charges

    Friday, December 15 2017 11:49 PM EST2017-12-16 04:49:44 GMT

    New information on a former Oneonta police officer facing new child sex charges after the department fired him back in August after being arrested for DUI.

    More >>

    New information on a former Oneonta police officer facing new child sex charges after the department fired him back in August after being arrested for DUI.

    More >>
Powered by Frankly