Tag Archives: 638 contracts

Federal Court Affirms Some 638 Contract Denials re: Northern Arapaho Tribe, Remands Others

Here are the materials in Northern Arapaho Tribe v. Lacounte (D. Mont.): 131 NAT Motion for Summary Judgment 140 US Cross Motion 146 NAT Reply 149 US Reply 175 DCT Order An excerpt: The Court affirms the BIA’s declinations of … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, tribal courts, trust relationship | Tagged , , ,

Navajo Nation Prevails in D.C. Circuit over 2014 Annual Funding Agreement Dispute

Here is the opinion in Navajo Nation v. Dept. of Interior: Opinion An excerpt: The Navajo Nation delivered a proposed funding agreement to the Bureau of Indian Affairs, an agency within the United States Department of the Interior, during a partial government shutdown. … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, trust relationship | Tagged , , , ,

Navajo Sues Interior over Judiciary Funding

Here is the complaint in Navajo Nation v. United States (D.D.C.): 1 Complaint

Posted in Author: Matthew L.M. Fletcher, Research, tribal courts, trust relationship | Tagged , , , ,

Nooksack Tribe Sues Interior for Refusing to Recognize Tribal Council, Fund Contracts

Download(PDF): Complaint for Injunction, Writ of Mandamus, Declaratory Judgment, and Other Relief

Posted in Announcements, Author: Sarah Donnelly, Bureau of Indian Affairs, Research, tribal constitutions, tribal membership, trust relationship | Tagged , , , , , | 1 Comment

BIA Enjoined from Entering into Separate 638 Contracts with Northern Arapaho and Eastern Shoshone

Here are the new materials in Northern Arapaho Tribe v. Lacounte (D. Mont.): 58-reply-in-support-of-26 66-us-motion-to-dismiss 68-us-response-to-17 78-reply-in-support-of-17 82-response-to-66 88-reply-in-support-of-66 113-dct-order An excerpt: Plaintiff’s Motion for Preliminary Injunction is GRANTED on the following terms: in accordance with the Gourneau Letter (Doc. … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, trust relationship | Tagged , , | 1 Comment

Ninth Circuit Dismisses Suit against Tribal Insurers

Here are the materials in Allied World Assurance Company: CA9 unpublished memorandum Opening Brief Allied Answer Brief York Answer Brief Reply Brief

Posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity | Tagged , , , ,

Northern Arapaho Tribes Sues Interior to Compel 638 Tribal Court Contract

Here is the complaint in Northern Arapaho Tribe v. United States Department of the Interior (D. Mont.): Complaint An excerpt: This is an action for declaratory and injunctive relief and money damages brought against the United States Department of the Interior … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, tribal courts, trust relationship | Tagged , , ,

Ninth Circuit Briefs in Hopland Band of Pomo Indians v. Jewell (ISDEAA Law Enforcement Funding)

Here: Hopland Band Opening Brief Federal Answer Brief Hopland Reply Brief Lower court materials here: 21 Tribal Motion for Summary J 32 US Motion for Summary J 32-1 Cruzan Declaration 34 Tribal Response 38 US Reply 55 DCT Order We … Continue reading

Posted in Author: Matthew L.M. Fletcher, Criminal, Research, trust relationship | Tagged , , , , , , , , ,

Federal Court Rejects Alturas Effort to Force US to Pay Contract Support Costs

Here are the materials in Alturas Indian Rancheria v. Salazar (E.D. Cal.): 129 Alturas Motion for Contempt 137 US Opposition 139 Alturas Reply 140 US Supplemental Brief 142 DCT Order Denying Motion An excerpt: This is a proceeding brought by … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, trust relationship | Tagged , , , ,

Ninth Circuit Holds Interior Does Not Violate ISDEAA When Denying Law Enforcement Funds to PL280 Tribes

Here is the opinion in Los Coyotes Band of Cahuilla & Capuño v. Jewell. From the court’s syllabus: The panel reversed the district court’s summary judgment in favor of the Los Coyotes Band of Cahuilla and Cupeño Indians, and the … Continue reading

Posted in Author: Matthew L.M. Fletcher, Criminal, Research, trust relationship | Tagged , , , , , ,