WETUMPKA, AL (WSFA) - The Poarch Band of Creek Indians is seeking to have Alabama Attorney General Luther Strange's case against them thrown out.
AG Strange filed a lawsuit in February seeking to stop operation of what his office claims are illegal slot machines at casinos owned by the Poarch Creek Indians.
Attorneys for PCI Gaming Authority filed to move the case to federal court and also filed a motion in the Middle District of Alabama seeking the dismissal on the grounds that the Indian tribe is a federally recognized tribe and enjoys sovereign immunity from prosecution in Alabama.
"This case presents a knowing attempt by the State of Alabama to execute an end run around federal law and to disregard the sovereignty and jurisdictional authority of the Poarch Band of Creek Indians (PBCI), a federally recognized Indian tribe," the defendants wrote.
[DOCUMENT: Motion to Dismiss (.pdf)]
[DOCUMENT: Support of Dismissal (.pdf)]
[DOCUMENT: Notice of Removal of Civil Action (.pdf)]
AG Strange has until April 22, 2013 to respond to the motion. Defendants will have until April 29, 2013 to respond to his response.