Author: Matthew L.M. Fletcher – Page 152

There is reason to believe that the Supreme Court may be open to revisiting its holding in Antelope, and may soon have the opportunity to cast doubt on the continued vitality of Antelope. In a case unrelated to the Major Crimes Act, the Court struck down a statute that created a voting qualification that, it said, used native Hawai’ian ancestry as “a proxy for race.” Rice v. Cayetano, 528 U.S. 495, 519-20 (2000). Most recently, and after Mr. Jim’s sentencing hearing in this case, a federal district court struck down the Indian Child Welfare Act as unconstitutional because of the race-based restrictions that it places on foster care and adoption. See Brackeen v. Zinke, 338 F. Supp. 3d 514 (N.D. Tex. 2018). The court focused on the fact that the statute based Indian classification on blood, and did not “rely on actual tribal membership,” to distinguish Mancari. Id. at 533. As is clear from the appellate docket in the Fifth Circuit, Case No. 18-11479, the district court’s ruling has generated significant interest among law makers, tribal governments, non-profits, and Indian law scholars, all of whom have submitted amicus briefs. The Fifth Circuit heard oral arguments in the case on March 13 of this year. See Docket entry of March 13, 2019, Brackeen v. Barnhard, app. pending, Case No. 18-11479 (5th Cir.); Andrew Westney, “Texas AG Lauds Child Welfare Ruling, but Tribes Cry Foul,” Law360 (March 4, 2019), at https://www.law360.com/articles/1134688. Ultimately, if the district court’s decision is preserved by the Supreme Court, that would significantly undermine Antelope and open the Major Crimes Act to challenge on these grounds.

Cert Petition in Jones v. Keitz [Criminal Prosection Arising from Chukchansi Casino Altercation]

April 26, 2019April 26, 2019Matthew L.M. Fletcher

Here is the petition:

Petition

Appendix

Question presented:

1. What facts must a plaintiff allege to state a claim for malicious prosecution against a California county and its sheriff under 42 U.S.C. § 1983, especially considering the heightened pleading standard this Court established in Ashcroft v. Iqbal, 556 U.S. 662 (2009)?

2. When a county sheriff is the country’s chief law enforcement officer, can a plaintiff hold a California County liable under Monell v. New York City Department of Social Services, 436 U.S. 658,694 (1978), by pleading he was wrongfully prosecuted based on an investigation led by the sheriff?

National Indian Law Library Bulletin (4/26/2019)

April 26, 2019Matthew L.M. Fletcher

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 4/25/19.

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2018-2019update.html
Petition for certiorari was filed in:
Carter v. Sweeney (Indian Child Welfare Act)
Petitions were denied in:
Wilson v. Horton’s Towing, et al. (Forfeiture)
McNeal, et ux. v. Navajo Nation (Indian Gaming Regulatory Act; Jurisdiction)

Read the latest Tribal Supreme Court Project update published on 4/23/19.

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
Gingras v. Think Finance, Inc.  (Lending; Tribal Sovereign Immunity)
Duanna Knighton v. Cedarville Rancheria of Northern Paiute Indians; Cedarville Rancheria Tribal Court; Patricia R. Lenzi  (Jurisdiction; Loans)
James Clay and Audrey Osceola v. Commissioner of Internal Revenue  (Tribal Sales Tax)
Sault Ste. Marie Tribe of Chippewa Indians v. David Bernhardt (Land into Trust)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2019.html
Navajo Nation v. Department of Child Safety (Indian Child Welfare Act – Expert Witnesses)
People in Interest of E.T. (Indian Child Welfare Act – Expert Witnesses; Indian Child Welfare Act – Transfer to Tribal Court)

Tribal Courts Bulletin
http://www.narf.org/nill/bulletins/tribal/2019.html
Deidra M. Scruggs v. Mashantucket Pequot Gaming Enterprise  (Personal Injury)
Gibson v. Colville Confederated Tribes (Jurisdiction; Employment; Immunity)
Jennifer Nolan v. Celia Paul and Barry Collins  (Child Custody)
Melissa Williams v. Colville Confederated Tribes  (Judges – Recusal)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2019.html

Rising tides, rising obligations: enforcing tribal trust responsibility for climate change mitigation.
Deserving a place at the table: Effecting change in substantive environmental procedures in Indian Country.
Crossing state lines: The Trojan horse invasion of rent-a-bank and rent-a-tribe schemes in modern usury law.
Law, cultural heritage, and climate change in the United States.
A comparative analysis: Legal and historical analysis of protecting indigenous cultural rights involving land disputes in Japan, New Zealand, and Hawai’i.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
In the Environment & Energy section, we feature an article about tribal regulation of single-use plastics.