Here:
| The National Indian Law Library added new content to the Indian Law Bulletins on 6/17/16.
U.S. Supreme Court Bulletin State Courts Bulletin News Bulletin U.S. Legislatio n Bulletin Law Review & Bar Journal Bulletin U.S. Regulatory Bulletin |
Author: Matthew L.M. Fletcher
Pine Ridge Reservation Voting Rights Case Fails
Here are the materials in Poor Bear v. County of Jackson SD (D. S.D.):
California Appellate Court Orders Cal. Miwok to Pay Costs in Revenue Sharing Matter
Here is the unpublished opinion in California Valley Miwok Tribe v. California Gambling Control Commission (Cal. Ct. App. — 4th Dist.): D068909
An excerpt:
Plaintiff California Valley Miwok Tribe (the Tribe) appeals from the trial court’s award of costs in favor of defendant California Gambling Control Commission (the Commission), following the Commission’s successful summary judgment against the Tribe in its lawsuit seeking an order requiring the Commission to pay over the funds to the Tribe from the Indian Gaming Revenue Sharing Trust Fund (RSTF). The Tribe contends that it is protected by tribal sovereign immunity from incurring any obligation to pay costs to the prevailing defendant in a lawsuit that it initiated. As we will explain, the Tribe’s position lacks merit, and accordingly we affirm the award of costs.
Related materials here.
New Mexico SCT Affirms Tribal Immunity from Property Claims (UPDATED with briefs)
Here is the opinion in Hamaatsa Inc. v. Pueblo of San Felipe.
An excerpt:
The Pueblo of San Felipe (Pueblo) appeals from an opinion of the New Mexico Court of Appeals declining to extend the Pueblo, an Indian tribe, immunity from suit. Because it is settled federal law that sovereign Indian tribes enjoy immunity from suit in state and federal court—absent waiver or abrogation by Congress—we reverse the Court of Appeals with instructions for the district court to dismiss the suit for lack of subject matter jurisdiction.
Lower court decision here.
We would love to post the briefs in this case. Please send along.
Briefs:
Hamaatsa Answer Brief to Tribal Amici
Response Brief of Amicus Curiae NMLTA
Commentaries on Bryant Decision
SCOTUSBlog and Bloomberg (Noah Feldman) and the Atlantic (Garrett Epps)
California Court of Appeals Affirms Contract Breach Judgment against Cabazon Band
Here is the opinion in Wells Fargo Bank NA v. Cabazon Band of Mission Indians.
An excerpt:
The indenture and note between the Bank and the Tribe were secured by a perfected security interest in the DAR, after being deposited into the Tribe’s custodial account with the Bank. The indenture agreement at issue here did not confer any authority, control, or responsibility to the bondholder or the Bank for the conduct of any gaming activity. It merely provided the Bank and the bondholder with a security interest in a specific bank account. It did not and could not control what was deposited into that custodial account. A contract creating a security interest in a custodial account does not convey authority or responsibility for the conduct of any gaming activity. Therefore, it does not violate the sole proprietary interest rule.
Only brief I’ve found: Wells Fargo’s Reply brief
Florida Appellate Court Affirms Tribal Corporation’s Immunity from Suit
Here is the opinion in MMG LLC v. Seminole Tribe of Florida Inc.
An excerpt:
MMMG, LLC and Mobile Mike Promotions, Inc. appeal the involuntary dismissal of their complaint against a federal tribal corporation affiliated with the Seminole Tribe. We affirm the dismissal because the tribal corporation enjoyed sovereign immunity from suit, which was not effectively waived according to the procedure required in the corporation’s charter and bylaws.
Given the long history of exploitation of Native Americans, Congress has enacted statutes designed to protect tribes and tribal corporations. These statutes have been construed by federal and Florida courts as placing the onus on the non-tribal party to ensure that any waiver of sovereign immunity be executed in strict compliance with applicable tribal operating documents; common law doctrines such as apparent authority do not override the protection provided by federal law.
Briefs in the case: MMMG’s initial brief, Seminole’s answer, and MMMG’s reply.
Second Circuit Materials in Sun v. Mashantucket
Here are the briefs in Sun v. Mashantucket Pequot Gaming Enterprise:
Reply TK
Lower court materials here.
Comanche Nation Prevails in Contract Dispute with Gaming Developer
Here is the opinion in Comanche Nation v. CDST-Gaming I LLC (CIO Southern Plains Region):
Chief Magistrate Judge for the Court of Indian Offenses ruled in favor of the Comanche Nation and against CDST-Gaming I, LLC on cross motions for summary judgment. CDST had sought over $38 million in lost profits for gaming device placements in arbitration, in federal court and then in tribal court for litigation lasting more than a decade.
Fifth Circuit Decides Indian Prisoner Religious Freedom Case
Here is the opinion in Davis v. Davis.
An excerpt:
Prisoner Plaintiffs Teddy Norris Davis and Robbie Dow Goodman appeal the district court’s grant of summary judgment in favor of prison officials within the Texas Department of Criminal Justice (“TDCJ”). The district court granted summary judgment in Defendants’ favor on Plaintiffs’ First Amendment and 42 U.S.C. § 1983 claims challenging TDCJ policies on the wearing of medicine bags, the use of pipes during Native American religious pipe ceremonies, and grooming, based on the Religious Land Use and Institutionalized Persons Act (“RLUIPA”), 42 U.S.C. § 2000cc, et seq. We AFFIRM in part as to the First Amendment claim and RLUIPA claims concerning medicine bags and pipe ceremonies, and we VACATE and REMAND in part for further findings as to Plaintiffs’ grooming-policy RLUIPA claim.
Turtle Talk 
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