John Doe – Navajo Nation

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  Archive.org
  Source type: News article

  11/16/16 Utah

  The Corporation of the President of the Church of Jesus Christ of Latter-Day Saints,
  a Utah Corporation; and LDS Family Services, a Utah Non-Profit Corporation,

  Plaintiffs, v.RJ, MM, BN, and LK, individuals, Defendants. Case No. 2:16-cv-00453-
  RJS-BCW 2016 WL 6783217

  In a motion to the court the Church of Jesus Christ “brought action seeking a declaration
  that a tribal court lacked jurisdiction to adjudicate claims of sexual abuse brought by then-
  child participants in a church placement program. Church moved for a preliminary injunction
  and participants moved to dismiss for failure to state a claim.

  [Holding:] The District Court, Robert J. Shelby , J., held that church failed to clearly show
  that the tribal court clearly lacked jurisdiction over the claims. Church's motion denied and
  participant's motion granted.

  *1 This case relates to lawsuits presently pending before the Navajo Nation District Court.

  In those cases, Defendants RJ, MM, BN, and LK (Doe Defendants) allege that they suffered
  abuse years ago after Plaintiffs, the Corporation of the President of the Church of Jesus
  Christ of Latter-Day Saints and LDS Family Services, placed them off-reservation with LDS
  families as part of the Indian Student Placement Program (ISPP). In their Amended
  Complaint, Plaintiffs here seek a declaration that the Navajo Nation District Court lacks
  jurisdiction to Corporation of President of the Church of Jesus Christ of..., — F.Supp.3d —
  (2016)

  © 2017 Thomson Reuters. No claim to original U.S. Government Works. 3
  adjudicate the underlying cases, and request an injunction prohibiting Doe Defendants from
  proceeding with their cases in Tribal Court. Plaintiffs argue that the Tribal Court clearly lacks
  jurisdiction over Doe Defendants' claims, and that this court should so find now, without
  requiring Plaintiffs to exhaust their Tribal Court remedies by presenting their jurisdictional
  arguments to the Tribal Court in the first instance.

  Two motions are before the court: (1) Plaintiffs' Motion for Preliminary Injunction and (2)
  Defendants' Motion to Dismiss. For the reasons detailed below, the court grants Doe
  Defendants' Motion to Dismiss, concluding that Plaintiffs must exhaust their Tribal Court
  remedies before seeking relief from this court. Because the court grants the Motion to
  Dismiss, it denies as moot Plaintiffs' ”

  “CONCLUSION

  *9 Plaintiffs have failed at this stage in the proceeding to meet their substantial burden of
  showing that Tribal Court jurisdiction is clearly foreclosed. While it appears that jurisdiction
  over certain claims — including those for direct liability for the sexual assaults — may be
  foreclosed, it is not clear that Tribal Court jurisdiction is clearly lacking for all of Doe
  Defendants' claims. Because Plaintiffs request an injunction that would prevent Doe
  Defendants from proceeding in Tribal Court on any of their claims, it was Plaintiffs' burden to
  show that all routes to jurisdiction were clearly foreclosed. The court GRANTS Doe
  Defendants' Motion to Dismiss. (Dkt. 20.) Plaintiffs must first exhaust their remedies in the
  Tribal Court before seeking redress in this court. The case is dismissed without prejudice.

  The court DENIES as moot Plaintiffs' Motion for Preliminary Injunction. (Dkt. 19.) The Clerk
  of Court is directed to close the case. SO ORDERED this 16th day of November, 2016.”

  COP AND LDS SocialServices v RJ MM BN AND LD-Navajo November 201 6.pdf