Lawsuit says Jackson County sheriff lacks civil jurisdiction on Potawatomi land

Separate federal lawsuits filed this month raise jurisdictional questions involving Jackson County and the Prairie Band Potawatomi Nation.

One, filed by the tribe, seeks to bar the Jackson County Sheriff's Office from exercising civil jurisdiction on its reservation.

The other alleges tribal police acted without legal authority when they arrested a man on their reservation and transported him outside that reservation to their police station and the Jackson County Jail at Holton.

Suit challenges sheriff's office's civil authority on tribal land

Kansas City, Missouri, attorneys Jere Sellers and Rachel North filed a three-count civil lawsuit July 19 on behalf of the PBPN seeking a declaration that Jackson County and Sheriff Tim Morse "lack civil jurisdiction within the reservation, including jurisdiction to issue parking tickets and serve process."

The suit also seeks a declaration that Jackson County and Morse lacked authority to interfere May 28 with the PBPN's exercise of its civil regulatory jurisdiction regarding Snak Atak Travel Plaza on that reservation, and a permanent injunction banning Morse and the county from interfering with the PBPN's exercise of its civil regulatory jurisdiction.

The lawsuit petition says that while the Jackson County Sheriff's Office exercises criminal jurisdiction on the PBPN Reservation, "It is well-established that a grant of criminal jurisdiction to the state does not confer on the sheriff civil regulatory or taxing jurisdiction within an Indian reservation."

The petition says PBPN tax commission officials, accompanied by tribal police, on May 28 tried to inspect records and inventory at Snak Atak, a non-Indian-owned company that has done business since March 2024 on the reservation.

After Snak Atak refused to allow tax commission officials to inspect its records and inventory, the tax commission that day issued an order requiring Snak Atak to cease and desist doing business because of non-compliance with PBPN civil laws, the petition says. Snak Atak had consented to obey those laws when it was licensed to do business, it says.

The petition says that when tax commission and tribal police officers served the order later that day at Snak Atak, employees there called the sheriff's office, which sent deputies to the scene.

Sheriff's officials told tribal officials they could be arrested if they refused to leave the business or attempted to chain its doors, the lawsuit petition says.

"Rather than risk arrest for criminal trespass, the tribal police and tax commission served the cease and desist order on Snak Atak and left," it says.

Lawsuit petition: 'Shot and killed a tribal member's dog'

The tribe has since taken further steps in tribal court seeking to shut down Snak Atak, the lawsuit petition says.

It adds that the sheriff's office has otherwise "repeatedly and intentionally overstepped their lawful authority and interfered with the nation's authority over activities on its reservation," including by serving civil process papers and threatening to cite people for parking violations, which are civil offenses, on the reservation.

"In at least one instance, the sheriff's unlawful service of process on the reservation has had a tragic result," it said. "Upon information and belief, a sheriff's deputy attempting to serve process on a tribal member within the reservation shot and killed the tribal member's dog."

Lawsuit challenges authority of Prairie Band Potawatomi Nation Police

Lawrence attorneys Christopher S. Dove and Brennan P. Fagan filed a seven-count civil lawsuit July 10 seeking damages in excess of $75,000 on behalf of Wabaunsee County resident Damon Musick.

Named as defendants were the PBPN, PBPN Police Chief Terry Clark, PBPN Police officers Tanner Lemery and Derek Tuck, Jackson County and Morse.

PBPN police arrested Musick in connection with crimes that included driving under the influence in April 2021 in the parking lot at the reservation's Prairie Band Casino & Resort, the petition says. Jackson County dismissed the charges involved in 2023, it says.

Though the charges were dismissed, "Mr. Musick was forced to endure two years of criminal prosecution, being forced to suffer the shame, embarrassment and the anxiety of a looming criminal prosecution," the petition says.

It contends Musick's arrest was illegal. It says the PBPN and its officers lacked authority to exercise law enforcement power and authority on the reservation because the PBPN has failed to meet legal requirements that it purchase liability insurance and file a map with the Jackson County clerk showing the boundaries of its reservation.

The petition also contends PBPN police acted illegally by taking Musick to the PBPN police station, which is outside the PBPN reservation's boundaries, and to the Jackson County Jail in Holton, which is also outside those boundaries.

It says those moves were unlawful because the tribe did not have an agreement with Jackson County enabling the tribe to exercise law enforcement power and authority outside the boundaries of its reservation.

Contact Tim Hrenchir at threnchir@gannett.com or 785-213-5934.

This article originally appeared on Topeka Capital-Journal: Lawsuit says Jackson County sheriff lacks civil jurisdiction on Potawatomi land