Author: Matthew L.M. Fletcher

Second Circuit Rejects Section 1983 Claim against Foxwoods/Pequot

Matthew L.M. Fletcher1 Comment

Here is the summary order in Sun v. Mashantucket Pequot Gaming Commission:

sun-v-mashantucket-pequot-gaming-commission

Briefs here.

Lower court materials here.

Ninth Circuit Briefs in Tort Claim against Rocky Boys

Matthew L.M. Fletcher1 Comment

Here are the briefs in Eagleman v. Rocky Boys Chippewa Cree Tribal Business Committee:

eagleman-opening-brief

chippewa-cree-housing-authority-answer-brief

reply-brief

Appellant Supplemental Brief

Appellee Supplemental Brief

Lower court materials here.

Oral argument video here.

Ninth Circuit Briefs in Tulalip School Shooting-Related Conviction

Matthew L.M. Fletcher1 Comment

Here are the materials in United States v. Fryberg:

fryberg-opening-brief

answer-brief

Harvard Conference: “The Indigenous Rights Movement” (10/13-14/2016)

Matthew L.M. Fletcher

Here (PDF):

hunap-with-link

Federal Court Dismisses Pojoaque Gaming-Related Dispute with New Mexico

Matthew L.M. Fletcher2 Comments

Here are the materials in Pueblo of Pojoaque v. State of New Mexico (D.N.M.):

60-nm-motion-to-dismiss-count-iv

64-nm-motion-to-stay

65-nm-motion-to-modify-pi-order

66-response-to-60

69-nm-motion-to-modify

71-motion-to-dismiss-counts-iii-iv

72-motion-to-dismiss-count-ii

73-motion-to-dismiss-count-v

79-reply-in-support-of-60

85-response-to-65

86-response-to-72

87-response-to-71

88-response-to-69

89-response-to-73

90-response-to-64

94-reply-in-support-of-69

95-reply-in-support-of-73

96-reply-in-support-of-65

97-reply-in-support-of-72

98-reply-in-support-of-64

99-reply-in-support-of-71

118-dct-order

Prior posts here, here, and here.

Tenth Circuit materials here.

Federal Bankruptcy Court Holds Sault Tribe Didn’t Waive Immunity

Matthew L.M. Fletcher

Earlier, the federal district court had held the federal bankruptcy act doesn’t abrogate tribal sovereign immunity.

Here are the materials in In re Greektown Holdings LLC (E.D. Mich. Bkrcy.):

649-1 Motion to Dismiss

668-buchwald-response

679-reply

728-order

SCOTUS Denies Cert in Several Indian Law Matters

Matthew L.M. Fletcher

The Court denied cert in:

No news on Tunica-Biloxi Gaming Authority v. Zaunbrecher (15-769), which might be held pending the outcome in Lewis v. Clarke.

 

Kitras v. Town of Aquinnah Cert Petition

Matthew L.M. Fletcher

Here:

Kitras Cert Petition

Questions presented:

1. Whether an assumed tribal custom can survive the extinguishment of aboriginal rights by Congress and undermine conveyances of land that were transferred in fee simple absolute?
2. Whether the legal presumption of an “easement by necessity” is protected against contradiction by the parol evidence rule, and whether the relaxation of the rule amounts to a taking of property under the Due Process Clause?
3. Whether the judicial elimination of a well-established common law right to private property, absolutely necessary for the enjoyment of property, constitutes a judicial taking under the Fifth and Fourteenth Amendments?
Lower court materials here.

Atlantic Monthly Mini-Doc on Forced Assimilation @ White Earth Nation

Matthew L.M. Fletcher

Here is “How the Legacy of Native Americans’ Forced Assimilation Lingers Today,” featuring the documentary “Little Dream Catchers.”

Sisseton-Wahpeton Oyate Effort to Stop Road (Mostly) Fails

Matthew L.M. Fletcher

Here are the materials in Sisseton-Wahpeton Oyate of the Lake Traverse Reservation v. United States Corps of Engineers (D.S.D.):

90-sisseton-brief

us-army-corps-brief

92-sisseton-reply

93-dct-order

An excerpt:

For the reasons explained above, the Court denies Plaintiffs’ request for an injunction against the Corps, remands to the Corps for reconsideration whether the 2009 gully crossings were the type of undertaking that could affect historic properties under 36 C.F.R. § 800.3(a) and to complete the Section 106 process if so necessary, and denies all other requests for relief requested by Plaintiffs. Judgement will enter accordingly.