715 F.3d 1089
8th Cir.2013Background
- Spirit Lake Tribe and Standing Rock Sioux Committee sue NCAA over use of Fighting Sioux name, logo, and imagery at UND.
- NCAA policy in 2005 barred Native American mascots at championships; UND was identified in the policy announcement.
- Settlement agreement in 2007 allowed UND to keep the name if two tribes approved by November 30, 2010; Spirit Lake approved, Standing Rock did not vote.
- Board retired the nickname in 2009, triggering the Committee’s suit to enforce the agreement and seek an injunction and damages.
- District court treated NCAA motion as summary judgment and granted it; Committee appeals.
- Court must determine standing, §1981 claim viability, contract interference theory, and any due process or bylaws arguments against the NCAA action.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing of Committee and Fool Bear | Committee has concrete, particularized injury in fact | No injury in fact as the injury arises from NCAA policy by association | No standing under Article III based on lack of legally protected interest |
| §1981 discrimination claim viability | NCAA acted with discriminatory intent against Native Americans | No discriminatory intent shown; policy motivated to end hostile mascots | No §1981 claim; insufficient discriminatory intent or protected activity interference |
| Interference with contract claim viability | 1969 ceremony created a contract to grant nickname rights | No mutual intent or definite terms; no enforceable contract | No contract interference claim; no enforceable contract created by ceremony or settlement |
| NCAA bylaws/ due process challenge | NCAA violated its constitution/bylaws and due process by policy adoption | No due process violation since Committee is nonmember; voluntary association autonomy respected | No due process violation; court abstains from reviewing association decisions |
Key Cases Cited
- Davidson v. N.D. State Bd. of Higher Educ., 781 N.W.2d 72 (N.D. 2010) (settlement preclusion of early retirement lacked necessity of consent by tribes)
- Red River Freethinkers v. City of Fargo, 679 F.3d 1015 (8th Cir. 2012) (emotional injury can be concrete when protected interest implicated)
- Gregory v. Dillard’s, Inc., 565 F.3d 464 (8th Cir. 2009) (elements of §1981 discrimination claim)
- Putman v. Unity Health Sys., 348 F.3d 732 (8th Cir. 2003) (discriminatory intent can be shown indirectly)
- Lujan v. Defenders of Wildlife, 504 U.S. 555 (1992) (standing requires concrete injury and causation)