Author: Matthew L.M. Fletcher

Eighth Circuit Affirms Injunction against South Dakota Ban on Native Prisoner Tobacco Use

Matthew L.M. Fletcher

Here is the opinion in Native American Council of Tribes v. Weber. An excerpt:

In this appeal, we consider the South Dakota Department of Corrections’ (“SDDOC”) decision to prohibit tobacco use by Native American inmates during religious activities. In 2009, the Native American Council of Tribes (“NACT”) and South Dakota Native American inmates Blaine Brings Plenty and Clayton Creek (collectively “inmates”) brought suit against 1 prison officials from the SDDOC (collectively “defendants”)2 claiming that the tobacco ban substantially burdened the exercise of their religious beliefs in violation of the Religious Land Use and Institutionalized Persons Act of 2000 (“RLUIPA”), 42 U.S.C. § 2000cc-1(a). After a three-day bench trial, the district court granted 3 injunctive relief to the inmates and directed the parties confer regarding a revised tobacco policy. On failure to agree, the district court entered a remedial order that, among other things, limited the proportion of tobacco in the mixture distributed to inmates for religious purposes to no more than one percent. The defendants appeal the grant of injunctive relief, including the remedial order. Having jurisdiction under 28 U.S.C. § 1291, we affirm.

Briefs here:

South Dakota Opening Brief

Native American Council Brief

US Amicus Brief

South Dakota Reply Brief

Lower court materials are here and here.

Other posts are here, here, and here.

 

Nez Perce Tribe Dues over Federal Mine Approval

Matthew L.M. Fletcher

Here is the complaint in Idaho Conservation League v. USFS (D. Idaho):

1 Complaint

An excerpt:

Plaintiffs Idaho Conservation League and Nez Perce Tribe challenge the U. S. Forest Service’s approval of the Golden Meadows Exploration Project (Project) for violations of the National Environmental Policy Act (NEPA). The Project is a three-year mineral exploration project on the Payette and Boise National Forests in Valley County, Idaho, proposed by Canadian mining company Midas Gold, Inc. (MGI).

14th National Indian Nations Conference — Dec. 11-13, 2014

Matthew L.M. Fletcher

Here.

Parts 3 and 4 of Cobell Retrospective by Former Judge Lamberth Clerk

Matthew L.M. Fletcher

Here and here.

Parts 1 and 2 are linked here.

Nebraska COA ICWA Matter — Trial Court Reversed where State Agency Failed to Allege ICWA

Matthew L.M. Fletcher1 Comment

Here is the unpublished opinion in In re Avery S.:

In re Avery S

An excerpt:

Therefore, we conclude that at the time the State filed its petition and motion for  temporary custody in this case, it was aware that Katherine’s other children were  members of the Tribe or at least that ICWA was applicable to their case. Accordingly, the State knew or should have known that ICWA applied in the case involving Avery and Izabel. Thus, based on the facts of this case, the State was required to set forth allegations under ICWA in the petition and motion for temporary custody. Based on the State’s failure to do so, the juvenile court erred in entering an order detaining the children and should have dismissed the petition.

Federal Court Complaint in Turtle Mountain Reservation Leasing Dispute

Matthew L.M. Fletcher

Here is the complaint in Grenier v. Delorme (D.N.D.):

1 Complaint + Exhibits

An excerpt:

On or about March 18, 2010, Plaintiffs and Defendant entered into a ten – year Lease of Real Estate (“Lease”) for Defendant’s land located at tract number 324-5065 and described as E/2NE/4, of Section 3, Township 161 N., Range 71 W., Rolette County, North Dakota. This land is not located on the Turtle Mountain Reservation, but is trust land. A  copy of the Lease is attached hereto as Exhibit A. Prior to entering into the Lease, Plaintiffs had farmed the land subject to the Lease for over thirty years.

 

State-Wide Gaming Ban Referendum at Issue in Massachusetts

Matthew L.M. Fletcher1 Comment

The Supreme Judicial Court of Massachusetts will soon decide whether a state-wide referendum to ban gaming can go forward.

Here are the briefs in Abdow v. Attorney General (Mass. Sup. Jud. Ct.):

Interveners-Appellants Sarno Brief Interveners-Appellants Sarno Brief Intervener-Appellants Rizzo Sub Brief Intervener-Appellants Rizzo Sub Brief
Interveners-Appellants Ducharme Brief Interveners-Appellants Ducharme Brief Appellants Abdow Brief Appellants Abdow Brief
Amicus Public Health Advocacy Brief Amicus Public Health Advocacy Brief Interveners-Appellants Ducharme Suppl Brief Interveners-Appellants Ducharme Suppl Brief
Plaintiffs-Appellants Abdow Reply Brief Plaintiffs-Appellants Abdow Reply Brief Interveners-Appellants Sarno Reply Brief Interveners-Appellants Sarno Reply Brief
Amicus Greater Springfield Brief Amicus Greater Springfield Brief Amicus MA Building Trades Brief Amicus MA Building Trades Brief
Appellees Attorney General Brief Appellees Attorney General Brief Amicus Revere Interveners Brief Amicus Revere Interveners Brief
Amicus MA Competitive Partnership Brief Amicus MA Competitive Partnership Brief Amicus Stop Predatory Gambling Brief Amicus Stop Predatory Gambling Brief
Amicus Affiliated Chambers Brief Amicus Affiliated Chambers Brief Amicus Council Of Carpenters Brief Amicus Council Of Carpenters Brief
Amicus Town Of Plainville Brief Amicus Town Of Plainville Brief Amicus Coalition Of Citizens Brief Amicus Coalition Of Citizens Brief

Florida Appeals Court Strips Miccosukee Tribal Court of Jurisdiction in UCCJEA Matter

Matthew L.M. Fletcher

Here is the opinion in Billie v. Stier:

Fla Ct App Opinion

An excerpt:

This Petition for a Writ of Prohibition evolves out of a custody dispute between the mother, who is a member of the Miccosukee Tribe of Indians, and the father, who is not a member  of the tribe of Native American heritage. The issue is whether the Miccosukee Tribal Court or the Circuit Court of the Eleventh Judicial Circuit has the jurisdiction to decide the custody dispute. The mother petitions for a writ prohibiting the Circuit Court from exercising jurisdiction over the custody matter. Based on the facts of this case and the Uniform Child Custody, Jurisdiction, and Enforcement Act (“UCCJEA”), we conclude that the Circuit Court was correct in determining that it, and not the Tribal Court, has  jurisdiction to decide the custody issues and we therefore deny the petition.

Black Ash Basket — EAB Conference 2014

Matthew L.M. Fletcher

Black Ash Basket- EAB Conference 2014
“Sustaining Traditions”

WHEN: October 30th, 2014 – THURSDAY
8:30am – 5:00pm EAB/Black Ash Conference
6:00pm – 9:00pm Basket Making, Working with Logs

WHERE: BEST WESTERN PLUS Hotel and Conference Center
6820 S. Cedar Street
Lansing, MI 48911
Phone: 517-694-8123
Toll Free: 800-528-1902
***A block of rooms has been set aside and can be reserved by calling the hotel directly for $88.50 per night plus tax. Please mention for this rate: Ash Conference
(This does not include breakfast)
*Reservations can be made beginning April 30th, 2014
thru September 30th, 2014.

TRAVEL: The Capital City Airport is located in Lansing, Michigan and the hotel has shuttle transportation that can be arranged by calling the hotel 48 hours in advance. There are also Taxis available, but the hotel shuttle is complimentary.
Easy access off of I-96 for those driving in.

PARKING: There is plenty of free parking onsite.
DINING: There is a restaurant and lounge onsite, and a Wendys, and Burger King within .10 of a mile. There are also other eateries such as Applebees within one mile.

REGISTRATION: You can register by printing out the registration form and sending back with check or money order to: Kelly Church PO Box 118 Hopkins, MI 49328
Registration DEADLINE: September 30th, 2014