Job Posting for Mescalero Apache Tribal Chief Judge

Here, see page 40.

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Cert Petition Arising from Police Killing of Ute Tribal Member

Here is the petition in Jones v. Norton:

cert petn

Questions presented:

  • Where it is undisputed that Plaintiffs/Petitioners Debra Jones and Arden Jones, and their deceased son Todd R. Murray, all had individual rights under the 1868 Ute Tribe treaty with the United States, and where, under the procedural posture of this case, it is undisputed that Plaintiffs’ and their Decedent son’s individual rights under the Treaty were violated, did Plaintiffs state a claim for relief under 42 U.S.C. § 1983 based on the violation of their treaty rights?
  • 2.Where State police officers have pursued an Indian within Indian country without either probable cause or jurisdictional authority can they be relieved of the common law duty to preserve evidence simply because the officers’ tortious conduct giving rise to the claims against them arose within Indian country?
  • 3.Where there are disputed material facts, can a district court grant summary judgment based upon the court’s opinion that a reasonable jury would decide the case in favor of the summary judgment movant?

Lower court materials here.

Posted in Author: Matthew L.M. Fletcher, Supreme Court, treaty rights | Tagged , , , | Leave a comment

En Banc Petition in Pala Band Disenrollment Appeal (Aguayo v. Jewell)

Here:

ECF AGUAYO PETITION REHEARING

2012 BAND WEBSITE

BIA LUCERO DEC

ECF filed Req for Judicial Notice 09.23.2015

FREEMAN DEC

Panel materials here.

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Cross Motions for Summary Judgment in Seminole IGRA Good Faith Suit against Florida

Here are the pleadings in Seminole Tribe of Florida v. State of Florida (N.D. Fla.):

37 Seminole Motion for Summary J

38 Florida Motion for Summary J

Motion to dismiss stage pleadings here.

Posted in Author: Matthew L.M. Fletcher, IGRA, Research, sovereign immunity | Tagged , , , | Leave a comment

EPA Assesses Enbridge Energy Millions for Indian Country Spills

Here is the complaint in United States v. Enbridge Energy (W.D. Mich.):

1 Complaint

 

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California Miwok Faction Dues Interior over Leadership Dispute

Here is the complaint captioned California Valley Miwok Tribe v. Jewell (E.D. Cal.):

4 Amended Complaint

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Skokomish Sues Suquamish Tribal Council Members over Treaty Fishing

Here is the complaint in Skokomish Indian Tribe v. Forsman (W.D. Wash.):

1 Complaint

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Ninth Circuit Affirms Use of “Crazy Horse” Trademark for Strip Clubs

Here is the opinion in Russell Road Food & Beverage v. Spencer.

An excerpt:

Once associated with a legendary Native American leader, “Crazy Horse” is now a registered trademark for “entertainment services, namely, exotic dance performances.” We must decide whether Russell Road’s use of the mark “Crazy Horse III” for its Las Vegas strip club infringes defendants Frank Spencer and Crazy Horse Consulting’s rights to the trademark “Crazy Horse.” The district court granted summary judgment to Russell Road, holding that it has the right to use the mark because it is the assignee of a valid trademark co-existence agreement entered into with the former owner of the registered Crazy Horse mark. We agree, and therefore affirm the entry of summary judgment in favor of Russell Road.

Posted in Author: Matthew L.M. Fletcher, cultural resources, Research | Tagged , , | Leave a comment

Federal Court Rejects Challenge to Major Crimes Act Conviction, Defendant Argued Justice Thomas’ View of Indian Law

Here are the materials in United States v. Bearcomesout (D. Mont.):

26 Motion to Dismiss

30 Response

31 Reply

32 DCT Order

An excerpt:

Citing decades of “schizophrenic” case law, Bearcomesout argues that the law has evolved such that the Northern Cheyenne Tribe’s concept of self-governance and sovereignty has disappeared. As a result, Bearcomesout argues that the Tribe is “subject to the external whim of the United States” which inherently extinguishes the tribe’s sovereignty. Because the Tribe is not sovereign, Bearcomesout argues that her prosecution in Northern Cheyenne Tribal Court was in essence a federal prosecution, in violation of the Double Jeopardy Clause.

The obvious disagreement about the state of tribal sovereignty among Supreme Court justices contained in various dissents and concurrences over the years unquestionably creates uncertainty and doubt about whether the term “independent sovereign” still appropriately applies to Indian tribes. Nevertheless, as recently as June of this year, the Supreme Court reaffirmed the rule from Wheeler and its progeny that tribal sovereignty continues to exist, at least as it relates to Double Jeopardy….

Posted in Author: Matthew L.M. Fletcher, Criminal, Research | Tagged , , | Leave a comment

Lawyer Volunteers Needed for NM Domestic Violence Advocacy Project

Here (pages 6-7):

LA VOZ for July 2016

Posted in Author: Matthew L.M. Fletcher | Leave a comment