October 2023 – Turtle Talk

Sarah Crawford, Reneau J. Longoria and Heather Whiteman Runs Him have published “Decisions Impacting Indian Country in the 2023 Supreme Court Term” in the Montana Lawyer.

SCOTUS Denies Stay in West Flagler Suit

October 26, 2023Matthew L.M. Fletcher

Here are the materials in West Flagler Associates Ltd. v. Haaland:

Application for Stay

Federal Response

Order Denying Stay + Kavanaugh Statement

Seminole Letter

Lower court materials here.

Seneca-Cayuga Sued for Political Banishments

October 26, 2023Matthew L.M. Fletcher

Here are the materials so far in Channing v. Seneca-Cayuga Nation (N.D. Okla.):

2 Complaint

8-1 Bill Fisher Dec

Comment Deadline to Feds on ICWA Needs Extended to January 12

October 25, 2023Kate Fort

This extension is regarding the letter in this post.

The Administration (DOI, HHS, and DOJ) are asking for input on the following:

What additional supports would Tribal leaders find helpful to build their Tribe’s capacity to exercise their rights and responsibilities under ICWA?

Are there specific supports you believe the federal government could provide to help state courts and child welfare agencies meet their obligations under ICW A?

In your experience, are there specific aspects or requirements of ICWA where state courts and agencies need to build greater understanding or capacity?

Are there existing State-Tribe collaborative partnerships or processes that you believe have helped support effective implementation ofICWA?

icwa_dear_tribal_leader_letter_to_extend_comment_deadline_enrd_comment_hhs.doj_.doi_final_10.06.23 Download

California COA Affirms Application of Sovereign Immunity in Employment Termination Dispute

October 25, 2023Matthew L.M. Fletcher

Here is the unpublished opinion in Mapp v. Viejas Band Of Kumeyaay Indians (Cal. Ct. App.):

Opinion.PDF Download

An excerpt:

Mapp’s claims in this case relate to his employment by the Band and its potential termination based on the Band’s provision of a conditional license via its officials. He seeks to allege a violation of Family Code section 5290, which permits assessment of a civil penalty against an “employer” for specified conduct.9 That remedy and any judgment would be expressly against the Band. Mapp’s other damages related to negative employment decisions likewise would effectively obligate the Band, not personally the individuals who were implementing the Band’s gaming license rules and conditions. In short, the Band is the real party in interest, and sovereign immunity extends to the individual defendants.

Wyoming SCT Issues Mixed Opinion in Northern Arapaho Tribe v. Baldwin, Crocker, and Rudd

October 24, 2023Matthew L.M. Fletcher

Here.

An excerpt:

BCR did not comply with the procedural requirements of Rule 11, and the district court erred when it imposed Rule 11 sanctions on the Tribe. The district court’s order imposing Rule 11 sanctions is reversed, and this matter is remanded to the district court with direction that the order imposing sanctions be vacated. We affirm the district court’s order granting summary judgment on the accounting claim because the Tribe could not bring a cause of action for an accounting under W.R.P.C. 1.15(e), and the Tribe failed to show its conversion and civil theft claim was not an adequate remedy at law. We affirm the jury’s verdict after finding the Tribe failed to show the verdict would have been more favorable to the Tribe if the racially charged evidence and argument had not been admitted.