141541P.pdf   05/15/2015  Belcourt Public School Dist.  v.  Ella Davis
   U.S. Court of Appeals Case No:  14-1541
   U.S. District Court for the District of North Dakota - Bismarck   
   [PUBLISHED] [Smith, Author, with Bye and Kelly, Circuit Judges] 
   Civil case - Indian law. Where the school district and the Turtle Mountain 
   Band of Chippwea Indians entered into an agreement giving the school 
   district exclusive authority to administer the day-to-day operations of 
   the Turtle Mountain High School, the district was acting in its official 
   capacity when it made the agreement and the agreement was not the kind of 
   private consensual relationship which can create an exception to the 
   general rule that tribes do not have authority over non-Indians, see, 
   Montana v. United States 450 U.S. 544 (1981); nor did the claims at issue 
   - claims for defamation, excessive use of force and employment-related 
   claims - fall within Montana's second exception for conduct that threatens 
   the economic security, or the health and welfare of a tribe; since the 
   Band members had failed to carry their burden of establishing that either 
   of the Montana exceptions applied, the Tribal Court lacked jurisdiction 
   over the Tribe members' claims against the school district; the district 
   court did not abuse its discretion by denying the school district's motion 
   for summary judgment on the merits of the plaintiffs' claims.