No. 20-791

Eglise Baptiste Bethanie De Ft. Lauderdale, Inc., et al. v. Seminole Tribe of Florida, et al.

Lower Court: Eleventh Circuit
Docketed: 2020-12-09
Status: Denied
Type: Paid
Response RequestedRelisted (2)
Tags: access-act civil-remedies civil-rights establishment-clause first-amendment free-exercise-clause freedom-of-access-to-clinic-entrances-act off-reservation-conduct religious-worship tribal-sovereign-immunity
Latest Conference: 2021-05-13 (distributed 2 times)
Question Presented (from Petition)

Six members of a reservation-based tribal police force, while in uniform, using a marked vehicle and carrying departmental firearms, during a sabbath service intervened in an off-reservation dispute over the leadership of a church and installed a dissident faction of the congregation.

This petition presents two significant questions:

(1) Is a Native American tribe sovereignly immune from a civil suit for damages caused by the off-reservation violations by its police officers of the "place of religious worship" provisions of the Freedom of Access To Clinic Entrances Act of 1994, 18 U.S.C. § 248(a)(2) ("the Access Act")?

(2) Are the "place of religious worship" and civil remedies provisions of the Access Act, as applied to a congregational leadership dispute, unenforceable because those provisions violate the Establishment of Religion and Free Exercise of Religion Clauses of the First Amendment to the United States Constitution?

Question Presented (AI Summary)

Is a Native American tribe sovereignly immune from a civil suit for damages caused by the off-reservation violations by its police officers of the 'place of religious worship' provisions of the Freedom of Access To Clinic Entrances Act of 1994, 18 U.S.C. § 248(a)(2) (the Access Act)"

Docket Entries

2021-05-17
Petition DENIED.
2021-04-27
DISTRIBUTED for Conference of 5/13/2021.
2021-04-13
Reply of petitioners Eglise Baptiste Bethanie De Ft. Lauderdale, Inc., et al. filed.
2021-04-08
Brief of respondent Aide Auguste in opposition filed.
2021-03-09
Response Requested. (Due April 8, 2021)
2021-03-02
Rescheduled.
2021-02-17
DISTRIBUTED for Conference of 3/5/2021.
2021-02-02
Brief of respondent Seminole Tribe of Florida in opposition filed.
2020-12-28
Motion to extend the time to file a response is granted and the time is extended to and including February 8, 2021, for all respondents.
2020-12-23
Motion to extend the time to file a response from January 8, 2021 to February 8, 2021, submitted to The Clerk.
2020-11-27
Petition for a writ of certiorari filed. (Response due January 8, 2021)

Attorneys

Aide Auguste
Joseph Vincent Priore — Respondent
Mark Christopher JohnsonJohnson Dalal, Respondent
Eglise Baptiste Bethanie De Ft. Lauderdale, Inc., et al.
Lawrence Richard MetschMetschlaw, P.A., Petitioner
Seminole Tribe of Florida
Mark David SchellhaseGrayRobinson, P.A., Respondent