Tag Archives: due process
Here. News coverage here.
After winning a partial summary judgment (twice, if you count the motions for reconsideration), the plaintiffs in the federal class action ICWA/Due Process lawsuit have filed their brief requesting remedies. Remedy Brief The four Defendants in this action are largely … Continue reading →
Complaint in National Council for Adoption v. Jewell–Litigation Challenging the 2015 ICWA Guidelines
Here. Plaintiffs argue the 2015 Guidelines violate the APA, due process of birth parents and children, equal protection of birth parents and children, the 10th amendment, and manage a quick sideswipe at ICWA itself on page 38 (exceeds Congress’s authority under … Continue reading →
Here. Motions to reconsider here.
Here: Davis Brief in Support (April 2015) Davis Motion to Reconsider (April 2015) DSS Brief in Support (April 2015) DSS Joinder in Arguments of other Defendants (April 2015) DSS Motion to Reconsider (April 2015) Vargo Brief in Support (April 2015) … Continue reading →
Here. All of the cards were stacked against the parents in these proceedings and the parents lost 100 percent of the time. That’s right, you didn’t misread that. The state won 100 percent of the time, which isn’t surprising given … Continue reading →
The 45 page order granting partial summary judgment is HERE, with a judgment order granting injunctive and declaratory relief forthcoming in May. The court finds that Judge Davis, States Attorney Vargo, Secretary Valenti and Ms. Van Hunnick developed and implemented … Continue reading →
Here: Brief in Support of First Motion (July 2014) Statement of Undisputed Facts (First Motion) Due Process Motion (Second PSJ) Due Process Undisputed Facts Exhibit 1 (Hearing Transcripts) 502 pp Exhibit 2 (Custody Orders) 113 pp. Exhibit 7 (ICWA Affidavits) … Continue reading →
Here are the new materials in Oglala Sioux Tribe v. Van Hunnik (D.S.D.): 128 Defendants Response to 1922 Motion 129 Defendants Response to Due Process Motion The motions for summary judgment are here. The evidentiary exhibits are here. The DOJ … Continue reading →
The United States came in strongly on the side of the tribes and tribal families for both the enforcement of ICWA and meaningful due process. Here. Thus, from the very start of an emergency removal, Section 1922 requires state courts, … Continue reading →