Update in Black v. US — Tort Claims Related to Shooting by Tribal Police

Here are the updated materials in Black v. United States (W.D. Wash.):

39 Amended Complaint

46 Kitsap County Motion to Dismiss

53 Joint Tribal Motion to Dismiss

62 DCT Order Dismissing Kitsap County Sheriff’s Office

Only the tribal defendants remain in the case. Prior post on this matter here.

Michigan COA Decides ICWA/MIFPA Active Efforts/Qualified Expert Witness Appeal

Here is the opinion:

In re Arnold

 

California Indian Law Association Program Coordinator Job Posting (perfect for law students)

Here:

CILA Job Announcement 2014 FINAL (2)

Ninth Circuit Materials in Chemehuevi Indian Tribe v. Jewell: Tribal Land Assignment Dispute

Here:

Chemehuevi Opening Brief

Interior Response Brief

Chemehuevi Reply Brief

Oral argument audio here.

Lower court (C.D. Cal.) materials here:

6 Interior Motion to Dismiss

7-1 Chemehuevi Motion for Summary J

16 Chemehuevi Opposition

17 Interior Opposition

24 Interior Reply

25 Chemehuevi Reply

26 Interior Reply

30 DCT Order

 

Ninth Circuit Materials in Redding Rancheria Challenge to IGRA Section 20 Regulations

Here are the materials in Redding Rancheria v. Salazar [Jewell]:

Redding Rancheria Opening Brief

Robinson Rancheria Amicus Brief

Interior Answer Brief

Redding Rancheria Reply

Oral argument audio here.

Lower court materials here and here.

Ninth Circuit Materials in U.S. v. Washington Subproceeding — Klallam Tribes v. Lummi Tribe

Here:

Lummi Opening Brief

Klallam Tribes Answer Brief

Lummi Reply

Oral argument audio here.

Lower court materials here.

Prior CA9 opinion and materials here.

UN Human Rights Committee Draft Report re: United States

The following documents are (1) the recent draft of the Concluding Observations on the fourth report of the United States of America from the UN Human Rights Committee (note in particular paragraph 25 on the rights of Indigenous Peoples, sacred sites, and FPIC) and (2) the “List of Issues” filed by Suffolk Law School’s Indigenous Peoples Clinic to the UN Human Rights Committee back in 2012 when the U.S. report was first released.

Concluding Observations on the fourth report of the United States of America Human Rights Committee

List of Issues UN HRC Suffolk

Federal Court Dismisses Challenge to 2009 Mashpee Wampanoag Tribe Election

Here are the materials in Ramos v. Bureau of Indian Affairs (D. Mass.):

1 Complaint

9 Amended Complaint

11 BIA Motion to Dismiss

12 Ramos Response

15 BIA Reply

22 DCT Order Dismissing Claim

An excerpt:

The Plaintiffs, enrolled members of the Mashpee Wampanoag Tribe (“Tribe”), have sued the Defendants, the Bureau of Indian Affairs (“BIA”); Michael Black, Director of the BIA; Mike Smith, Deputy Director; Franklin Keel, Regional Director; and Kevin Washburn, Assistant Secretary (collectively, the “Defendants”) seeking an injunction requiring the Defendants to conduct an investigation into the Tribe’s 2009 election and to take action to ensure that the Tribe’s elections are properly conducted. D. 9 at 10. The Defendants have moved to dismiss the complaint for lack of subject matter jurisdiction, failure to state a claim and failure to join a necessary party. D. 10. Because the Court concludes that it does not have subject matter jurisdiction over this matter, the Court ALLOWS the motion to dismiss.