From Candice Schwager–On Judicial Immunity–Sparkman v. Stump is actually an Indian Tribal Case!

On Feb 16, 2017, at 8:10 PM,
Indian Country is defined in Title 15.

The key case for Absolute Judicial Immunity is Spark v Stumpman. But both Spark and Stumpman were Native Americans living on the reservation. The Court Stumpman was a judge for was a tribal court, not an Indiana state court. Most lawyers don’t have a clue that the nations have their own civil and criminal laws. There is some state and federal overlap in the area of criminal law. Those are the major crimes act, the minor crimes act, the assimilative crimes act and Public Law 280. There is no state or federal overlap in tribal civil law jurisdiction. Under 1 Stat 20 section 34 the federal courts are required to use the law of the state for all state law claims. The federal court in Indiana had to use Native American civil law in resolving that…

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