Author: Matthew L.M. Fletcher

Ninth Circuit Briefs in Karuk Tribe v. Stelle — Klamath National Forest Timber Cut Challenge

ilpc

Here:

Karuk Opening Brief

Intervenor Answer Brief

Federal Answer Brief

Karuk Reply

Oral Argument video here. Audio here.

Federal Court Orders Tribal Exhaustion in Repo Matter

Matthew L.M. Fletcher

Here are the materials in Tiessen v. Chrysler Capital (D. Minn.):

15 Repossessor Motion to Dismiss

28 Opposition

33 Reply

41 Magistrate Report

42 DCT Order

BIA Refuses to Recognize Disenrollment Referendum Election by Holdover Council

Matthew L.M. Fletcher

Here are the materials:

Gabriel Galanda Response to Katherine Canete Letter

Letter from Katherine Canete to Gabriel Galanda Re Resolution 16-149 and Order Vacating Court of Appeals Orders as Void

In Re Gabriel Galanda v Nooksack Tribal Court – Whatcom County Superior Court Declaration of Bree R. Black Horse in Support of Opposition of Motion to Vacate

In Re Gabriel Galanda v Nooksack Tribal Court – Whatcom County Superior Court Petitioners’ Response to Tribe’s Motion to Vacate Order Domesticating Foreign Judgment

Letter from Lawrence Roberts to Chairman Kelly

Oglala Sioux Moves for Summary Judgment against South Dakota Dept. of Social Services for Inadequate Training and Supervision

Matthew L.M. Fletcher

Here is the pleading in Oglala Sioux Tribe v. Fleming (D.S.D.):

BRIEF IN SUPPORT OF PLAINTIFFS’ MOTION FOR PARTIAL SUMMARY JUDGMENT AGAINST THE DSS DEFENDANTS RE: INADEQUATE TRAINING AND SUPERVISION

PLAINTIFFS’ STATEMENTS OF UNCONTESTED FACTS RE: PARTIAL SUMMARY JUDGMENT AGAINST DSS FOR INADEQUATE TRAINING AND SUPERVISION

Petitioner’s Brief in Lewis v. Clarke

Matthew L.M. Fletcher

Here:

Brief for Petitioner

Other background materials here.

Nisenan Tribe of the Nevada City Rancheria v. Jewell Cert Petition

Matthew L.M. Fletcher

Here:

Cert Petition

Questions presented:

1. Whether the Ninth Circuit Court of Appeals’ nunc pro tunc ruling depriving Petitioners of substantive procedural rights was in error?
2. Whether the Ninth Circuit Court of Appeals’ ruling on the statute of limitations was in error?

Fletcher Preview of Lewis v. Clarke

Matthew L.M. Fletcher

Here is “Supreme Court case could expose Indian tribes to new legal risks” at The Conversation.

Excerpt:

One would be tempted to think this is a case about fairness, about guaranteeing a forum for non-Indians to sue tribal employees who might be cloaked in a tribe’s immunity from the suit. In my opinion, fairness to the Lewis couple, however, comes at the expense of fairness to the tribe.

Recall that the tribe does provide a forum to resolve personal injury claims against it in tribal court, but with a one year limitations period. Under that law, the Mohegan tribal court has confirmed awards against tribal police officers; indeed, the tribe likely has settled thousands of claims over the years.

I have long argued that Indian tribes should provide an adequate forum to address the negligent actions of their employees. The Mohegan tribe has done so here by establishing a tribal court and a legal process for resolving personal injury claims. In fact, Mohegan was one of the earliest tribes to start doing so, way back in the 1990s. But personal injury lawyers have complained about Mohegan law because it bars punitive damages and other doctrines that can balloon judgment awards.

***

Background materials on the case are here.

Seminole Tribe Prevails in Dispute with Florida over Banked Games

Matthew L.M. Fletcher

Here are the materials in Seminole Tribe of Florida v. State of Florida (N.D. Fla.):

37-seminole-msj

38-florida-msj

44-seminole-response-to-38

53-florida-response-to-37

86-seminole-immunity-brief

87-florida-immunity-brief

103-dct-order

Drama at Nooksack

Matthew L.M. Fletcher

Here is “Emotions run high as woman faces eviction from Nooksack tribal land.”