Decided Cases: 2015-2022
For case status and summary, select the year the case was filed:
Decided cases: 2007-2014
2007
EJC Cases
Michelle Tobey-Russell v. Glenn Marshall
CV-07-001
The synopsis and decision were taken from a memorandum by Judiciary Committee Chairman Paul Mills, dated October 8, 2007.
Plaintiff brought suit against Tribe challenging the Tribal Counsel’s decision to shun her for allegedly participating in a lawsuit against the Tribe. The Judiciary Committee determined the plaintiff had not been involved in a prior suit against the tribe.
Case was resolved by the Judiciary Committee on June 21, 2007, and the Tribal Council ordered to reinstate plaintiff’s membership.
Aaron Tobey, Jr. v. Shawn Hendricks, Sr.
CV-07-003
Synopsis:
Plaintiff brought suit claiming the Tribal Council did not call a special general tribal membership meeting in accordance with the Tribe’s Constitution. Plaintiff contends that his submission of a petition with one hundred twenty-eight names was more than sufficient, but the Tribal Council allegedly de-certified thirty-one signatures, invalidating the petition. The plaintiff states he requested an explanation of the de-certified names on the petition, and after not receiving this information, filed suit to demand an explanation from the Tribal Council.
Case withdrawn
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2008
Theodore Jonas v. Mashpee Wampanoag Tribal Council
CV-08-002
The synopsis and final order are taken from the original complaint (filed October 2, 2008), and Order of Dismissal drafted by Judge Rochelle Ducheneaux in the District Court (dated November 2, 2009). Jonas v. Mashpee Wampanoag Tribal Council, CV-08-002 (November 2, 2009).
Plaintiff filed a complaint alleging that membership was denied in error.
Upon Plaintiff’s application approval, both parties stipulated to dismiss the case with prejudice, and each party bearing his or her own costs and fees.
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2010
Brad Bacon v. Mashpee Wampanoag Tribal Enrollment Committee
CV-10-004
The synopsis and final order are taken from the original complaint (filed February 17, 2010), and Order of Dismissal drafted by Judge Robert F. Mills sitting in the District Court. Bacon v. Mashpee Wampanoag Tribal Enrollment Committee, CV-10-004 (October 13, 2010).
Plaintiff filed a complaint alleging that his membership had been denied in error after having been approved for membership one year prior to the subsequent denial.
Both parties stipulated to dismiss the case with prejudice, an and each party bearing his or her own costs and fees.
Denise Mills v. Darius Coombs, Mat Boardley, and Phillip Wynn
CV-10-006
The synopsis and final order are taken from the original complaint (filed May 19, 2010), and Order of Dismissal drafted by Judge Henry J. Sockbeson sitting in the District Court. Mills v. Coombs, Boardley, and Wynn, CV-10-006 (January 17, 2013).
Synopsis: Plaintiff sought relief from alleged incidents involving three members of the tribe at her workplace, The Plymouth Plantation, which plaintiff claimed said harassment resulted in the termination of her employment at the plantation.
No parties appeared for hearing, so case was dismissed with prejudice.
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2011
Mashpee Wampanoag Tribe, Mashpee Wampanoag Tribal Council v. Glenn Marshall, Shawn Hendricks, and Desiree Hendricks-Moreno
CV-11-005
Attorney Heidi A. Nadel filed a complaint on behalf of the Mashpee Wampanoag Tribe and the Mashpee Wampanoag Tribal Council against the former Chairman, Vice-Chairman, and Secretary of the Tribe on January 12th, 2010. The complaint alleges that the Defendants (Glenn Marshall, Shawn Hendricks, and Desiree Hendricks-Moreno) violated their fiduciary duties to the Tribe from 2001 through 2007 when they co-conspired in the embezzlement of tribal funds for personal expenses without disclosure or authorization from the Tribe.
The complaint claimed that the Defendants’ actions had been damaged in the amount of $383,009.62 pursuant to a Judgment entered in the U.S. Federal District Court for the District of Massachusetts for wire fraud committed by the Defendants and sought restitution in this amount. Each of the Defendants failed to answer or otherwise respond to the Complaint after service upon them via certified mail. As such, on July 22nd, 2013 the Plaintiffs filed a Motion for Entry of Default Judgment for $383,009.62 in damages, which demonstrated that all of the Defendants were actively involved in a joint conspiracy to embezzle funds in this amount.
According to the Motion, the Plaintiffs believed that additional tribal funds were illegally diverted by the Defendants, but the absence of discovery due to the Defendants’ failure to respond and appear prevented them from obtaining discovery to confirm the larger embezzlements in question.
On September 9th, 2013, the Supreme Court Judge ordered that the Plaintiff’s Motion for Entry of Default Judgment be allowed in the amount of $383,009.62 as to Defendants Glenn Marshall, Shawn Hendricks, and Desiree Hendricks-Moreno jointly and severally. The Judge also authorized the Plaintiffs to levy any payments made, to be made, or arising from payments to the Defendants pursuant to Article VI(2)(o) of the Constitution of the Mashpee Wampanoag Tribe
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2012
Stone v. Cromwell, et al.
CV-12-007
The synopsis and holding are taken from Memorandum Opinion and Order drafted by Judge Jeffery L. Madison sitting in the District Court. Stone v. Cromwell, et al., CV-12-007 (February 19, 2015).
Synopsis:
Plaintiff alleges she was wrongfully removed from her position as the Tribe’s Human Resources Manager by a vote of the defendants during a Tribal Council meeting. Plaintiff claims that the termination of her employment violated the Tribe’s Constitution, and as a result, she suffered various damages such as lost wages (past and future), emotional distress, and others.
Two issues before the court are:
1) Whether the Mashpee Tribal Council, through its members, violated Plaintiff’s rights as alleged in her complaint; and
2) Whether this Court may review the purported violations given issues of sovereign immunity asserted by the Tribe.
Holding
1) Defendants, though named individually, were acting within their lawful authority when they made decisions affecting Plaintiff. Any relief granted would amount to specific performance against the Tribe.
2) Sovereign immunity is a jurisdictional bar that requires dismissal of a Plaintiff’s claims absent an express waiver by the Tribe. The Mashpee Wampanoag Tribe did not grant such a waiver related to Plaintiff’s allegations that allow for this court to consider her allegations. The Court is without jurisdiction to hear this lawsuit because it is barred from doing so by Defendant’s sovereign immunity.
Case dismissed with prejudice.
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2013
CV-13-001
Richard Oakley v. Tribal Election Committee Status: Dismissed Judge: Mills Court: District Filed: 26-Feb-13 Closed: 4-Jun-13
Cases Opened no Follow-up by Plaintiff.
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2014
Aaron Tobey v. Mashpee Wampanoag Tribe Election Commission
CV-14-001
The synopsis and final order are taken from the original complaint (filed February 10, 2014), and Order of Dismissal drafted by Judge Robert F. Mills sitting in the District Court. Tobey v. Mashpee Wampanoag Tribe Election Commission, CV-14-001 (December 5, 2014).
Synopsis: Plaintiff filed complaint to appeal alleged election irregularities in Mashpee Wampanoag Tribal election process.
Both parties stipulated to dismiss that case. The case was dismissed with prejudice, and each party bearing his or her own costs and fees.
Daniel Tavares v. Mashpee Wampanoag Tribe
CV-14-002
The synopsis and holding are taken from Memorandum Opinion and Order drafted by Judge Rochelle Ducheneaux sitting in the Supreme Court. Tavares v. Mashpee Wampanoag Tribe, CV-14-002 (November 13, 2014 nunc pro tunc August 24, 2014).
Synopsis: Defendant appeals May 19, 2014 decision denying the Tribe’s request to have the case dismissed on grounds of sovereign immunity. Defendant argues that Stone v. Cromwell, (CV 2012-001) applied in determining the court’s jurisdiction, but the court did not apply Stone in its May decision, stating that the case was unpublished, and therefore stare decisis did not apply. On this basis, the court did not perform a jurisdiction analysis, but rather ruled simply that the court did, in fact, have jurisdiction over the matter.
The issues before the court are:
1) Whether the court determined its jurisdiction;
2) Whether stare decisis applies to unpublished cases; and
3) Whether the Tribal Court has jurisdiction over the plaintiff’s case.
Holding
1) The court failed to assure itself of its own jurisdiction, and in error focused on whether Stone was the proper precedent to apply in determining sovereign immunity without making the actual determination of whether sovereign immunity existed;
2) The court failed to apply Stone precedent, and no supervening has since overturned the Stone ruling. While Stone had not been published online, the case was available in the court clerk’s office, and had not been overturned by any subsequent decisions.
3) Based on the requirements set forth in Stone, the Tribe did not consent to being sued or waive its immunity from this suit.
Defendant’s motions to reconsider and dismiss on grounds of sovereign immunity are granted.
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