141549P.pdf   05/15/2015  Fort Yates Public School Dist.  v.  Jamie Murphy
   U.S. Court of Appeals Case No:  14-1549
                          and No:  14-1702
   U.S. District Court for the District of North Dakota - Bismarck   
   [PUBLISHED] [[Smith, Author, with Bye and Kelly, Circuit Judges] 
   Civil case - Indian law. In an action alleging the school district failed 
   to protect a minor member of the tribe while she attended a school 
   administered by the district under an operating agreement with the 
   Standing Rock Sioux Tribe, the Tribe failed to establish that either of 
   the Montana v. United States exceptions (an agreement providing for 
   jurisdiction or a threat to the tribe's security or welfare) to the 
   general rule that Tribal Courts do not have jurisdiction over non-Indians 
   applied, and the Tribal Court lacked jurisdiction over the claims; the 
   district court did not err in determining that the Tribe's sovereign 
   immunity barred the District's suit against the Tribal Court; on remand, 
   the district court may need to address Murphy's claim that the matter 
   should be dismissed because her daughter has achieved the age of majority 
   and is an indispensable party; the school district was not required to 
   exhaust available Tribal Court remedies (an appeal to the Tribe's Supreme 
   Court) before bringing this federal court action.