Sarah McClure and Colton Wheeler v. Michael W. Futrell and Lost Boys Construction

Summary

The United States District Court for the District of Montana remanded an action to the Confederated Salish and Kootenai Tribes Tribal Court for lack of subject matter jurisdiction. The court held that removal under 28 U.S.C. § 1443(1) is expressly limited to cases commenced in a state court and does not authorize removal from a tribal court. The court also denied as moot a pending motion for leave to intervene and appear as amicus curiae.

Holdings

1. Section 1443(1) does not authorize removal of an action originating in tribal court because the statute expressly limits civil-rights removal to cases commenced in a state court.
2. The federal court lacked subject matter jurisdiction because the action could not be properly removed under § 1443(1).
3. The motion for leave to intervene and appear as amicus curiae was denied as moot because the case was being remanded for lack of subject matter jurisdiction.

Questions Presented

1. Whether 28 U.S.C. § 1443(1) authorizes removal to federal district court of an action originally commenced in tribal court.
2. Whether the federal court had subject matter jurisdiction over the removed action.
3. Whether the pending motion for leave to intervene and appear as amicus curiae should be resolved after remand.

Disposition

remanded