Cherokee Trust Breach Suit Update

Here are the materials so far in Cherokee Nation v. Dept. of the Interior (D.D.C.):

1 Complaint

34-1 Motion to Dismiss

39 Opposition

41 Reply

42 DCT Order Denying Motion to Dismiss

54-1 Federal Motion to Dismiss

55-1 Federal Motion for Protective Order

60 Cherokee Opposition to Motion to Dismiss

85 DCT Order Re Protective Order

88-1 Cherokee Motion for Summary J

96-1 Federal Cross-Motion

97 Federal Cross-Motion

98 Cherokee Motion for Summary J

99 Cherokee Reply in Support of MSJ

Cert Stage Materials in Lopez v. Quaempts

Here:

Questions presented:

  1. Whether this Court, to allow for more complete state court tort remedies against individual tribal employees, as indicated in Lewis v. Clarke, 137 S. Ct. 1285 (2017), should clarify existing tribal sovereign immunity law to allow tort vic- tims to sue a tribe based on vicarious lia- bility when a tribe ratifies individual tribal employees’ actions giving rise to the state tort claims.
  2. Whether the lower court’s refusal to rec- ognize a tribe’s ratification of tribal em- ployees’ allegedly tortious acts, as an express waiver of sovereign immunity im- permissibly interferes with states’ rights to award remedies to tort victims.

Lower court materials here.

Goony

Muscogee (Creek) Nation SCT Orders Remand in Speedy Trial Appeal after Defendant Held for 248 Days

Here is the opinion in Vandecar v. Muscogee (Creek) Nation:

Suit Filed to Challenge Montana Human Rights Commission’s Power to Enforce State Law Protections of Anti-Vaxxers in Indian Country

Here is the complaint in Glacier County Regional Port Authority v. Esau (D.Mont.):

Eighth Circuit Briefs in Mound v. United States

Here:

Lower court materials here.

Cross-Motions for Summary Judgment in Oklahoma v. Interior

Here are the new pleadings in State of Oklahoma v. Dept. of the Interior (W.D. Okla.):

105 Federal Reply

Zoolander’s amicus brief is expected shortly.

Prior post here.

New Mexico Federal Court Dismisses Most of Federal Criminal Charges against Navajo Citizen for Selling Hawk and Eagle Feathers

Here are the materials in United States v. Skeet (D.N.M.):

Not a bird

Utah and Counties Sue Government over Restoration of Bear Ears

Here is the complaint in Garfield County v. Biden (D. Utah):

Second Circuit Issues Decision in Shinnecock Fishing Rights Case

Non-decision, more like. Here are the materials in Silva v. Farrish:

Where’s this guy when you need him?

Opinion here. Excerpt from the court’s syllabus:

We hold that Ex parte Young applies to the plaintiffs’ fishing-rights claims against the New York State Department of Environmental Conservation (“DEC”) officials— but not against the DEC itself—because the plaintiffs allege an ongoing violation of federal law and seek prospective relief against state officials. We also hold that the plaintiffs have Article III standing to seek prospective relief and that Younger abstention no longer bars Silva from seeking prospective relief because his criminal proceedings have ended. We therefore conclude that the district court erred in granting summary judgment to the DEC officials on the plaintiffs’ claims for declaratory and injunctive relief. The district court properly granted summary judgment on the discrimination claims because there is no evidence in the record that would permit an inference of discriminatory intent.

Lower court materials here.

Eighth Circuit Briefs in WPX Energy Williston LLC v. Fettig

Here:

Lower court materials here.