govinfo:USCOURTS-ksd-5_24-cv-04066-4

IN THE UNITED STATES DISTRICT COURT 
FOR THE DISTRICT OF KANSAS 
 
PRAIRIE BAND POTAWATOMI NATION, ) 
 ) 
 Plaintiff, ) CIVIL ACTION 
 ) 
v. ) No. 24-4066-KHV 
 ) 
JACKSON COUNTY SHERIFF, TIM MORSE, ) 
in his official capacity, ) 
 ) 
 ) 
 Defendant. ) 
 
MEMORANDUM AND ORDER AND ORDER TO SHOW CAUSE 
 
On July 19, 2024, Prairie Band Potawatomi Nation filed a complaint against Tim Morse, 
Sheriff of Jackson County, Kansas, in his official capacity. Plaintiff alleges that defendant 
unlawfully exercised civil jurisdiction within the Nation’s Reservation and seeks a declaratory 
judgment that within the Reservation, defendant lacks (1) civil-regulatory jurisdiction and 
(2) authority to interfere with the Nation’s lawful exercise of civil-regulatory jurisdiction. Plaintiff 
also seeks permanent injunctive relie f. This matter is before the Court on Plaintiff’s Motion For 
Summary Judgment And Brief In Support (Doc. #74) and Defendant’s Motion For Summary 
Judgment (Doc. #75), both filed February 13, 2026. Finding genuine issues of material fact as to 
both motions, the Court hereby overrules them both and will construe the summary judgment briefs 
as trial briefs. 
At trial, which is set to begin on July 1, 2026, the Court will consider all stipulated facts in 
the summary judgment record and the Pretrial Order (Doc #67) filed January 20, 2026 . No later 
than 5:00 P.M. on June 17, 2026, the parties shall file a single document which outlines the 
undisputed facts in the summary judgment record. 

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The Court identifies the following issues , at a minimum, for trial : (1) whether Sheriff 
Morse intended to interfere with plaintiff’s exercise of civil-regulatory jurisdiction over Snak Atak, 
(2) whether Nation officials planned to chain the Snak Atak doors, (3) whether Nation officials 
feared arrest based on Sheriff Morse’s statements and actions, (4) whether Nation officials or Chief 
Clark altered their plans or behavior due to Sheriff Morse’s actions regarding Snak Atak and 
(5) whether aside from the Snak Atak and towing incidents, Sheriff Morse has engaged in other 
(or ongoing) acts of interference, opposition, intervention, hinderance or prevention with regard to 
plaintiff’s exercise of civil-regulatory jurisdiction. 
In addition, the Court orders plaintiff to show cause in writing, on or before 5:00 P.M. on 
June 17, 2026, why it should not dismiss Count Three, seeking permanent injunctive relief , as 
overly broad. Rule 65 of the Federal Rules of Civil Procedure requires “every order granting an 
injunction” to “ state its terms specifically ” and “describe in reasonable detail . . . the act or acts 
restrained or required.” The facts presented do not appear to support such broad injunctive relief. 
Furthermore, the injunction which plaintiff seeks⎯“prohibiting the Defendant from interfering in 
the lawful exercise of the Nation’s civil -regulatory jurisdiction within the Reservation and 
prohibiting the Defendant from exercising civil-regulatory jurisdiction within the Reservation ” 
⎯would basically be a naked commandment that defendant follow the law. As the Tenth Circuit 
recently held, such an injunction would be improper . See Shaw v. Smith, 166 F.4th 61, 87 (10th 
Cir. 2026). 
The Court also orders plaintiff to show cause in writing on or before 5:00 P.M. on June 17, 
2026, why under Rule 12(b)(6), Fed. R. Civ. P., the Court should not dismiss plaintiff’s complaint 
that defendant “violated federal law” by interfering with the exercise of its civil -regulatory 
jurisdiction. The pleadings identify no federal statutory or common law tort of “interference with 

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Tribal civil-regulatory jurisdiction.” Plaintiff must therefore identify with specificity the federal 
law which creates any right of action which it seeks to vindicate in this case, and its foundation in 
statute, treaty, federal common law or recognized equitable doctrine. 
No later than 5:00 P.M. on June 24, 2026, defendant shall respond to plaintiff’s response 
to each order to show cause. 
Finally, on reconsideration, the Court orders the parties to file, no later than 5:00 P.M. on 
June 17, 2026, a list of exhibits and witnesses they plan to call at trial. 
IT IS SO ORDERED. 
Dated this 9th day of June, 2026 at Kansas City, Kansas. 
s/ Kathryn H. Vratil 
KATHRYN H. VRATIL 
United States District Judge 
 

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