Tag Archives: Treaty of Point Elliott

Ninth Circuit Briefs in Skokomish Indian Tribe v. Forsman

Here: Skokomish Opening Brief Forsman Answer Brief Skallam Tribes Amicus Brief Lower court materials here.

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

Washington COA Rejects Snoqualmoo Indian Treaty Rights to Defense to Elk Harvest

Here is the opinion in State v. Snyder: Opinion An excerpt: In 1974, the United States District Court for the Western District of Washington, as affirmed by the United States Supreme Court, took continuing jurisdiction over fishing disputes arising from … Continue reading

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

Superior Court Finds Upper Skagit Tribe Necessary Party in Declaratory Action

Download Court’s letter opinion in re: Schuyler v. Unsworth & Dept. of Fish and Wildlife, Thurston County Cause No. 14-2-02373-9 here. A member of the Upper Skagit Tribe filed an action in Superior Court for declaratory relief on certain tribal … Continue reading

Posted in Author: Sarah Donnelly, treaty rights | Tagged , , , , , , , , , , | Leave a comment

Army Corps of Engineers Rejects Gateway Pacific Terminal

Download Memorandum for Record here. The Corps has denied the permit to build a coal export facility near Cherry Point after deciding the impact to Lummi Nation fishing would violate their treaty rights.

Posted in Author: Sarah Donnelly, cultural resources, economic development, Environmental, Regulations, treaty rights | Tagged , , , , | Leave a comment

Ninth Circuit Dismisses Appeal of Fake Indians and Fake Indian Court

Here are the materials in Koniag Inc v. Kanam: Unpublished CA9 Memorandum 3 Order to Show Cause 5 Kanam Response 6 Koniag Response 8 Order Setting Briefing Schedule 9-1 Koniag Motion for Reconsideration 10 Kanam Opening “Breif” 13 Order Denying … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, tribal courts | Tagged , , , , , , , | 1 Comment

Federal Court Enjoins Actions of Fake Tribal Court Harassing Native Village Corporation

Here are the materials in Koniag, Inc. v. Kanam (D. Alaska): DCT Order Granting PI Koniag Motion for PI Kanam Opposition Koniag Reply We posted previously on this case here, here, and here.

Posted in Author: Matthew L.M. Fletcher, economic development, Research, tribal courts | Tagged , , , , , , | 4 Comments

More Materials on Koniag v. Kanum

Here is a complaint filed by Kurt Kanam against the parties in United States v. Washington in the “Karluk Tribal Court” from last fall: Kanam v All Fish Case Parties, Complaint 11-19-2011

Posted in Author: Matthew L.M. Fletcher, Research, treaty rights, tribal courts | Tagged , , , , , , | 5 Comments

Washington SCT (On Reconsideration) Holds 5-4 that Tribal Law Enforcement Authority Stops at Rez Boundaries

The majority opinion is here, and the two dissenting opinions are here and here. The majority holds (reversing itself from opinions in 2009 and 2010) that a criminal suspect (here a reckless driver) is utterly free and clear from tribal … Continue reading

Posted in Author: Matthew L.M. Fletcher, Criminal, Research | Tagged , , , , | 5 Comments

Washington SCT Materials on Off-Reservation Hot Pursuit Case

As Indianz reported, the Washington Supreme Court has decided State v. Eriksen — opinion here and dissent here. Here are links to the briefs: 80653-5 – State v. Eriksen Hearing Date – 05/12/2009 Reply of Petitioner Amicus Lummi Nation Brief Statement of … Continue reading

Posted in Author: Matthew L.M. Fletcher, Criminal, Research, treaty rights | Tagged , , | 1 Comment

Ninth Circuit Decides Federal Common Law Indian Lands Case

Here is the opinion in U.S. v. Milner, which involves non-Indian shore defense structures interfering with the treaty rights of the Lummi Tribe. The U.S. charged the landowners with trespass. Milner Opening Brief US Appellee Brief Milner Reply Brief

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