Author: Matthew L.M. Fletcher

Tribal Comments on Bears Ears Monument

Matthew L.M. Fletcher

Here:

2017 07 10 Updated FR Monument Review – FINAL

Ninth Circuit Affirms Qualified Immunity for BIA Officers Who Arrested Non-Indian Pursuant to Tribal Court Bench Warrant

Matthew L.M. Fletcher

Here is the unpublished memorandum in Roberts v. Elliott (In re Roberts Litigation).

An excerpt:

The Supreme Court has not addressed the interaction between Oliphant’s rejection of inherent criminal jurisdiction over non-Indians and a non-Indian’s ability to waive the question of personal jurisdiction before the tribal court in criminal matters. The extent to which a non-Indian may consent to tribal jurisdiction is not settled law. Smith v. Salish Kootenai Coll., 434 F.3d 1127, 1136–40 (9th Cir. 2006) (en banc) (discussing non-tribal member consent to jurisdiction in civil suits).

Briefs:

Appellant Brief

Appellee Brief

Reply Brief

 

ICRA Habeas Claim Arising from Bishop Paiute Reservation Intra-tribal Property Dispute Dismissed

Matthew L.M. Fletcher

Here are the materials in Napoles v. Rogers (E.D. Cal.):

19 Motion to Dismiss

20-1 Tribal Judge Motion to Dismiss

25 Opposition to 20

26 Opposition to 19

32 Reply in Support of 20

34 Reply in Support of 19

37 DCT Order

An excerpt:

At the core of this case is an intra-tribal dispute regarding the ownership of certain parcels of land on the Bishop Paiute reservation located in eastern California. The amended petition alleges petitioners were unlawfully detained by respondents when they were denied access to their family land and were cited for trespass when attempting to enter the disputed land. Petitioners are all descendants of Ida Warlie, who purportedly received an assignment of eleven lots on the Bishop Paiute reservation in 1941, in exchange for relinquishing possession of other land in Inyo County. These lots were purportedly then assigned to her descendants, petitioners here, following her death. According to petitioners, a land assignment ordinance enacted by the members of the Bishop, Big Pine, and Lone Pine Reservations in 1962 validated all prior land assignments, including Ms. Warlie’s. This ordinance was enacted by the Owens Valley Board of Trustees, which governs a number of tribes now living in the Owens Valley of California, including those on the Bishop Paiute reservation.

Eric Hemenway Appointed to the Michigan Historical Commission

Matthew L.M. Fletcher

Here.

Tenth Circuit Orders Exhaustion of Tribal Remedies over Trespass Claim Involving Nonmember Police Officers

Matthew L.M. Fletcher1 Comment

Here is the opinion in Norton v. Ute Indian Tribe.

An excerpt:

We conclude that the district court erred in excusing the officers from exhaustion of tribal remedies with respect to the Tribe’s trespass claim, which alleges that the officers asserted superior authority over tribal lands and barred a tribal official from accessing the scene of the Murray shooting. Although we do not decide today whether the Tribal Court possesses jurisdiction over that claim, exhaustion is required unless tribal court jurisdiction is “automatically foreclosed.” Nat’l Farmers Union Ins. Cos. v. Crow Tribe of Indians, 471 U.S. 845, 855 (1985). The officers have not made this showing for the trespass claim because that claim at least arguably implicates the Tribe’s core sovereign rights to exclude and to self-govern. We further conclude that this claim is not barred by Hicks, which excused exhaustion based on a state’s overriding interest in investigating off-reservation offenses. Such an interest is not at play in this case. Murray was not suspected of committing any off-reservation violation, and the officers were not cross-deputized to enforce state law on the Reservation. However, we agree with the district court that the remaining Tribal Court claims are not subject to tribal jurisdiction and thus exhaustion was unnecessary.

Briefs:

Opening Brief

Utah Municipalities Answer Brief

Answer Brief

Reply Brief

Lower court materials in Norton v. Ute Indian Tribe (D. Utah):

23 Motion to Dismiss

32 Motion for Preliminary Injunction

33 Utah Municipalities Response to 23

34 State Response to 23

36 Norton Response to 23

37 Reply in Support of 23

38 Opposition to 32

39 Tribal Court Response to 32

40 Reply in Support of 32

57 DCT Order

N.J. Appellate Division Reverses Dismissal of Nanticoke Tribal Nation Claims

Matthew L.M. Fletcher

Here is the unpublished opinion in Nanticoke Lenni-Lenape Tribal Nation v. Hoffman.

Split First Circuit Rules against Penobscot Nation Rights

Matthew L.M. Fletcher

Here is the opinion in Penobscot Nation v. Mills.

Here are the materials.

Ninth Circuit Remands False Claims Act Matter 

Matthew L.M. Fletcher1 Comment

Here is the opinion in United States ex rel. Cain v. Salish Kootenai College.

Materials here.

“Stabenow, Peters Accepting Applications from Candidates Interested in Nomination for Federal Judgeship and U.S. Attorney in Eastern and Western Districts of Michigan”

Matthew L.M. Fletcher

Here.

The Onion: “Department Of Interior Asks For Resignation Of Obama-Era Elk”

Matthew L.M. Fletcher

Here.