Update in Massive Suit against Plain Green, Owned by Chippewa Cree at Rocky Boy’s

Here are selected materials in Gringras v Rosette (D. Vt.):

66 Plain Green Motion to Dismiss or Compel

85 Response

92 Plain Green Reply

122 DCT Order

Northern Arapaho Tribes Sues Interior to Compel 638 Tribal Court Contract

Here is the complaint in Northern Arapaho Tribe v. United States Department of the Interior (D. Mont.):

Complaint

An excerpt:

This is an action for declaratory and injunctive relief and money damages brought against the United States Department of the Interior (“Department”); its Secretary; and Regional Director for the Bureau of Indian Affairs (“BIA”) for violations of the Indian Self-Determination and Education Assistance Act (“ISDEAA”) and regulations promulgated thereunder. The Northern Arapaho Tribe (“NAT” or “Tribe”) submitted to the BIA a contract proposal for judicial services and requested technical assistance, consultation and a waiver of any regulations that the BIA thought could prevent or impede approval. The BIA failed or refused to provide technical assistance, consultation, or the requested waiver and declined the proposal. These failures and the declination violate the ISDEAA and applicable regulations. The Tribe is entitled to declaratory and injunctive relief and damages, plus interest, pursuant to the ISDEAA.

Keweenaw Bay Indian Community Sues over Michigan Sales & Use and Tobacco Taxes

Here is the complaint in Keweenaw Bay Indian Community v. Khouri (W.D. Mich.):

Complaint

Nooksack Disenrollment/Disbarment Update

Here are new pleadings filed in Galanda v. Bernard (Nooksack Ct. App.):

Galanda v. Bernard Pro Se Petitioners’ Appellate Motion for Show Cause Re Contempt

Galanda v. Bernard Declaration of Ryan Dreveskracht In Support of Pro Se Petitioners’ Appellate Motion for Show Cause Re Contempt

Nooksack Tribal Court Letter to Galanda Broadman Lawyers Refusing Pro Se Appearance

Here is a new filing in Belmont v. Kelly (Nooksack Ct. App.):

Belmont (Roberts) v. Kelly Second Declaration of Michelle Roberts In Support of Appellate Writ of Mandamus

Clickhole: “7 Things All Law School Students Know To Be True”

Here.

My favorite:

Defense is shirts. Prosecution is skins: You only have to be laughed out of one mock trial to remember this.

Federal Court Rules in Favor of Cheyenne & Araphoe Tribes in Bank Account/Leadership Dispute

Here are the materials in Cheyenne & Araphoe Tribes v. Harjo (W.D. Okla.):

26 Harjo Rule 19 Motion

26-8 IBIA Decision

27 Tribes Response to 26

29 Reply in Support of 26

35 Tribes Motion for Partial Summary J

36 Harjo Response to 35

36-4 C&A SCT Order re IBIA Decision

39 Reply in Support of 35

41 DCT Order Denying Rule 19 Motion

42 DCT Order Granting 35

Ninth Circuit Affirms Conviction for Theft from a Tribe

Here is the opinion in United States v. Tadios.

The court’s syllabus:

The panel affirmed the district court’s inclusion in its loss calculation at sentencing the estimated salary paid to the defendant, the CEO of a federally-funded health care clinic located on the Chippewa Cree’s Rocky Boy Reservation, for time she spent visiting her husband when she claimed to be traveling on business. The defendant was convicted for converting federal funds for personal use, using federal funds for personal benefit, and misapplying clinic funds. The panel rejected the defendant’s argument that because she was an exempt employee, the Chippewa Cree suffered no loss in paying her full salary for when she was visiting her husband instead of performing clinic duties. The panel held that including in the loss calculation under U.S.S.G. § 2B1.1 the estimated value of the time the defendant should have reported as annual leave was not clear error. The panel addressed the defendant’s remaining arguments concerning her conviction and sentencing in a memorandum disposition

The Ninth Circuit’s unpublished memorandum decision on jurisdiction is here.

An excerpt:

Tadios first argues that the federal courts lack jurisdiction because Tadios is an Indian and the acts took place on tribal land. We review criminal jurisdiction de novo. United States v. Begay, 42 F.3d 486, 497 (9th Cir. 1994). Tadios’s argument fails in light of more than a century of jurisprudence concluding that generally applicable provisions of the Federal Criminal Code govern prosecutions of crimes committed by Indians in Indian territory. See, e.g., United States v. Kagama, 118 U.S. 375, 384-85 (1886) (finding that federal courts have jurisdiction over crimes committed by Indians on Indian territory).

 

Federal Court Dismisses (with leave to amend) Snoqualmie Civil Rights Claim against City

Here are the materials in Snoqualmie Indian Tribe v. City of Snoqualmie (W.D. Wash.):

22 Motion to Dismiss

24 Opposition

27 Reply

30 DCT Order

Addie Rolnick on Juvenile Justice in Indian Country

Addie Rolnick has published “Untangling the Web: Juvenile Justice in Indian Country,” forthcoming from the NYU Journal of Legislation & Public Policy. [PDF]

Here is the abstract:

The juvenile justice system in Indian country is broken. Native youth are vulnerable and traumatized. They become involved in the system at high rates, and they are more likely than other youth to be incarcerated and less likely to receive necessary health, mental-health, and education services. Congressional leaders and the Obama administration have made the needs of Indian country, especially improvement of tribal justice systems, an area of focus in recent years. The release of two major reports—one from a task force convened by the Attorney General to study violence and trauma among Native youth and the other from a bipartisan commission appointed to recommend improvements to criminal justice in Indian country—has further trained this focus on improving juvenile justice. Two recommendations appear again and again in every report and article: give tribes more control over their juvenile justice systems and reduce the reliance on secure detention. Yet, implementing these recommendations seems next to impossible.

Taking as its starting point these two devastating reports, this Article provides a thorough description and diagnosis of the reasons that the Indian country juvenile justice system continues to fail Native youth, one that has been missing from the legal and policy literature. It provides a careful analysis of the law governing juvenile delinquency jurisdiction in Indian country. While it echoes others’ observations that the confusing jurisdictional web is part of the reason Native youth remain neglected and invisible in federal and state systems, and ill-served by tribal systems, this Article’s detailed analysis of the law reveals much greater potential for tribal control under current laws than others assume exists. More importantly, the Article moves beyond the familiar complaint about the jurisdictional web to examine the inner workings of each sovereign’s approach to Indian country justice, providing the fuller picture necessary to identify and implement both large-scale and small-scale solutions. As federal and tribal leaders debate legal and policy changes to the Indian country juvenile justice system, including potential amendments to the Federal Juvenile Delinquency Act, the Juvenile Justice and Delinquency Prevention Act, federal criminal laws, and Public Law 280, this Article’s timely investigation of barriers to improvement will elucidate a better path to healing, not harming, Native youth.

Federal Court Refuses to Suppress Statements Made to Red Lake Tribal Police in Federal Prosecution

Here are the materials in United States v. Makwa (D. Minn.):

24 Motion to Suppress

25 Motion to Dismiss

26 US Response

36 MJ R&R

39 Objection

42 Objection Memorandum

43 US Response

46 DCT Order