Tag Archives: federal sovereign immunity

Tenth Circuit Decides Alabama-Quassarte Tribal Town v. United States

Here is the opinion in Alabama-Quassarte Tribal Town v. United States. Briefs here.

Posted in Author: Matthew L.M. Fletcher, cultural resources, Education, Environmental, Research, sovereign immunity | Tagged , , , , ,

Federal Court Dismisses All But One Claim in Long-running Dahlstrom v. United States [wrongful discharge from Sauk-Siuattle]

Here are the materials in Dahlstrom v. United States (W.D. Wash.): 69 us motion to dismiss 73 opposition 75 reply 77 dct order dismissing second amended complaint    

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

Federal Dismisses Alleged Whistleblower Complaint against US re: Former Sauk-Suiattle Employee, Allows 30 Days to Refile on Free Speech Claims

Here are the materials in Dahlstrom v. United States (W.D. Wash.): 38 US Motion to Dismiss 48 Response 49 US Reply 62 DCT Order Prior post here.

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

Tucker Act Breach Claim against US over Keepseagle Settlement Dismissed

Here are the materials in Labatte v. United States (Fed. Cl.): 9 US Motion to Dismiss 10 Response 16 Reply 17 Surreply 25 DCT Order

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

Split Tenth Circuit Panel Rules HUD Illegally Recaptured NAHASDA Funds but Tribes Cannot Recover

Here is the opinion in the consolidated appeal captioned Modoc Lassen Indian Housing Authority v. United States Department of Housing and Urban Development. An excerpt from the lead opinion: These consolidated appeals arise from a government agency’s decision to recapture, via administrative offset, … Continue reading

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

Tenth Circuit Affirms Dismissal of Challenge to San Ildefonso Pueblo Land Rights

Here is the unpublished opinion in Northern New Mexicans Protecting Land Water and Rights v. United States. Briefs here.

Posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity | Tagged , , , | 1 Comment

Federal Court Orders More Briefing on Ownership Liability in CERCLA Suit Involving Navajo Reservation Uranium Mining

Here are the materials in El Paso Natural Gas Co. LLC v. United States (D. Ariz.): 114 Plaintiff Motion for Summary J 119 US Response 123 Reply 128 DCT Order An excerpt: Plaintiff El Paso Natural Gas Company brought suit … Continue reading

Posted in Author: Matthew L.M. Fletcher, Environmental, Research, sovereign immunity | Tagged , , , , | 1 Comment

Tenth Circuit Briefs in Northern New Mexicans Protecting Land Water and Rights v. United States

Here: Opening Brief Federal Answer Brief Reply Lower court materials here.

Posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity, trust relationship | Tagged , , , , | 2 Comments

Cert Petition in Trust Accounting Claim for Sand Creek Descendants

Download petition for a Writ of Certiorari here. Questions presented: Whether a treaty promise to pay reparations to a group of Native Americans in the form and amount that is “best adapted to the respected wants and conditions of” said … Continue reading

Posted in Author: Sarah Donnelly, Research, sovereign immunity, Supreme Court, treaty rights, trust relationship | Tagged , , , , | 1 Comment

Eleventh Circuit Rejects Miccosukee Members’ Federal Tax Challenge

Here is the opinion in Cypress v. United States: CA11 Unpublished Opinion An excerpt: This appeal arises out of a dispute between sixteen members of the Miccosukee Tribe of Florida (the “Tribe members”) and the United States, the U.S. Department … Continue reading

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