Author: Matthew L.M. Fletcher

D.C. Circuit Materials in Standing Rock v. Army Corps

Matthew L.M. Fletcher

Here are the briefs in Standing Rock Sioux Tribe v. United States Army Corps of Engineers:

Dakota Access Brief

Dakota Access Reply

Federal Brief

Federal Reply Brief

Members of Congress Amicus Brief

NIWRC Amicus Brief

North Dakota Brief

Standing Rock Brief

States Against DAPL Amicus Brief

States Supporting DAPL Amicus Brief

Tribal Orgs Amicus Brief

Oral argument audio here.

Lower court materials here.

Albany Law Journal of Science and Technology Symposium on COVID

Matthew L.M. Fletcher

I will be presenting on my paper “Indian Lives Matter: Pandemics and Inherent Tribal Powers.”

My presentation materials are here.

Federal Court Orders Exhaustion (again) of Tribal Remedies in Suit against LDS

Matthew L.M. Fletcher

Here are the materials in Corporation of the President of the Church of Jesus Christ of Latter-Day Saints v. F.D. (D. Utah):

1-1 Federal Complaint

10 FD Motion to Dismiss

11 Notice of Removal

19 Motion to Remand

19-1 DCT Stay Order

19-2 Redacted Complaint

32 FD Opposition

40 Reply

43 DCT Order

A related case, Corporation of the President of the Church of Jesus Christ of Latter-Day Saints v. B.N. (D. Utah), is stayed:

2 Complaint

2-1 BN Tribal Court Complaint

2-2 Window Rock DCT Order on Motion to Dismiss

2-3 Navajo SCT Opinion

17 BN Motion to Dismiss

23 Opposition

24 Reply

45 DCT Stay Order

Our prior post on the first order to exhaust is here.

Ute Tribe and Members Sue Federal Government over Uintah Indian Irrigation Project

Matthew L.M. Fletcher

Here is the complaint in Perank v. United States (D. Utah):

2 Complaint

Ninth Circuit Materials in La Posta Band Challenge to Border Wall

Matthew L.M. Fletcher

Here are the briefs in La Posta Band of Diegueno Mission Indians of the La Posta Reservation v. Trump:

La Posta Band Opening Brief

US Answer Brief

Reply

And the oral argument video:

Here are the lower court materials.

SCOTUS Denies Cert. in Muckleshoot v. Tulalip

Matthew L.M. Fletcher

Here is today’s order list.

Here are the materials.

WaPo: “‘Jim Crow, Indian style’: How Native Americans were denied the right to vote for decades”

Matthew L.M. Fletcher

Here.

Michigan COA Holds State Courts Have Jurisdiction in Reservation Property Dispute

Matthew L.M. Fletcher

Here is the opinion in Smith v. Landrum (Mich. Ct. App.):

Opinion

An excerpt:

The question presented in this quiet title action is whether a state court has subject-matter jurisdiction to decide an easement dispute in favor of a non-Indian on land owned by a non-Indian when the land is located on an Indian reservation. The trial court concluded that it did not, and therefore entered a final order granting defendants’ motion for summary disposition under MCR 2.116(C)(4) (lack of subject-matter jurisdiction).1 For the reasons outlined below, we hold that the trial court had subject-matter jurisdiction over the easement dispute. We therefore reverse the order granting defendant’s motion for summary disposition, and remand for further proceedings.

Federal Court Dismisses Challenge to MHA Nation Election

Matthew L.M. Fletcher

Here is the opinion in Cross v. Fox (D.N.D.):

23 DCt Order

Briefs are here.