Iowa SCT Affirms State Criminal Jurisdiction; Magistrate Judge Richard Vander Mey Had Barred Tribe/State from Invoking Jurisdiction of His Court [updated]

Here is the opinion in State v. Stanton:

190177_79edeef21ce96.pdf

An excerpt:

Upon review of the complaints, a magistrate concluded that recent federal legislation removed state jurisdiction for crimes committed on the Settlement. As a result, the magistrate dismissed the three pending misdemeanor charges and assessed costs against the Meskwaki Nation. The magistrate further advised that the Tama County Sheriff should consult with the county attorney to determine whether prisoners such as the defendant should even be received and retained in custody by the Tama County Sheriff. The district court further stated that tribal police officers should be instructed by tribal judicial officers to cease and desist from charging persons with violations of the Iowa Code as such charges “will only serve to clog state courts and result in the imposition of court costs upon the Meskwaki Tribe for cases which must be dismissed.”

Briefs:

state-of-iowa-brief.pdf

appellee-brief.pdf

Resistance to Application for Discretionary Review [Vander Mey pleading]

Sac and Fox Amicus Brief

US Amicus Brief

Federal and tribal amicus briefs not available. If anyone has them, please send to me. Would also love to read the lower court opinion.

Judge Vander Mey is a repeat player on TT. In 2011, mad about the Iowa Supreme Court’s same-sex marriage decision, he refused to accept the tribe’s immunity defenses in civil actions. He was removed from the bench for a time, but then reinstated.

In 2017, Vander Mey again refused to acknowledge tribal sovereignty in another civil suit.

ICT: “Boy Scouts ‘have been one of the worst culprits’ of cultural appropriation”

Here.

National Indian Law Library Bulletin (9/12/2019)

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 9/12/19.

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
Cherokee Nation v. Bernhardt (Land Into Trust)
Flandreau Santee Sioux Tribe v. Noem (Indian Gaming Regulatory Act)

U.S. Legislation – 116th Congress Bulletin
https://narf.org/nill/bulletins/legislation/116_uslegislation.html
The following bills were recently proposed in the House:
H.R.4243 – Rural Maternal and Obstetric Modernization of Services Act

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:

  • House Subcommittee for Indigenous Peoples convenes hearing on #MMIW crisis
  • ‘A historic leap forward’: ND tribes sign updated agreement with state over child welfare services
  • US seeks dismissal of Native American tribes’ lawsuit over Keystone Pipeline
  • A ‘sham’: Southern Sierra Miwuk Nation being denied federal recognition

Changing the Indian narrative in classrooms

Gizmodo: “The Battle for Bad River”

Here.

The tribe’s suit is here.

Federal Court Dismisses Banishee’s Suit against Alaska Tribe

Here are the materials in Oertwich v. Traditional Village of Togiak (D. Alaska):

1 Complaint

9 State Motion to Dismiss

13 City Motion to Dismiss

22 Tribe Motion to Dismiss

31 Opposition to 22

38 Tribe Reply in Support of 22

40 DCt Order Granting 22

News Profile of Push to Pay Reparations to Duwamish Tribe

Here is “Rent Is Recognition and Restitution for Seattle’s Native Inhabitants.”

Ninth Circuit Materials in Consumer Financial Protection Board v. CashCall

Here:

CPFB Opening Brief

CashCall Principal Brief

Amicus Brief

CPFB Reply

CashCall Reply

Late Summer Update in Williams & Cochrane v. Quechan & Rosette Litigation

Here are the new materials in Williams & Cochrane LLP v. Quechan Tribe of the Fort Yuma Reservation (S.D. Cal.):

216 DCT Order Dismissing W&C Reply Claim

217 DCT Order Dismissing Claims against Rosette

Prior posts here.

UPDATE (12/16/19):

219-1 Motion for Reconsideration of 216

220 Fourth Amended Complaint

227 WC Motion for Judgment on Pleadings on Counterclaims

236 Quehan Response to 219

237 Reply in Support of 219

247 DCT Order Denying Motion for Reconsideration

Cultural Property Rights Complaint against the Alamo

Here is the complaint in Tap Pilam Coahuiltecan Nation v. Alamo Trust, Inc. (W.D. Tex.):

1 Complaint

Update (3/19/21):

43 DCT Order

44 Amended Complaint

47 George P. Bush Motion to Dismiss

48 McDonald Motion to Dismiss

53 Response

54 McDonald Reply

55 Bush Reply

57 DCT Order

Posting for Michigan SCT Clerkship with Justice Megan K. Cavanagh

Here.

Justice Cavanagh serves on the Michigan Tribal-State-Federal Judicial Forum.