Author: Matthew L.M. Fletcher

NYTs Magazine: “Who Killed Anna Mae?”

Matthew L.M. Fletcher1 Comment

Here. An excerpt:

On Feb. 24, 1976, a rancher in South Dakota was installing a fence on land situated along the edge of Pine Ridge Indian Reservation when he spotted a body at the bottom of a 30-foot embankment. The badly decomposed corpse, in jeans and a maroon ski jacket, lay with knees pushed up toward chest. A coroner later determined that the woman had been dead for more than two months. The back of her head was matted with blood, and there was a single bullet wound at the base of her skull. She had been shot at close range.

Hualapai Tribe Reaches Confidential Settlement with Grand Canyon Skywalk Development

Matthew L.M. Fletcher

Here.

Eighth Circuit Affirms Injunction against South Dakota Ban on Native Prisoner Tobacco Use

Matthew L.M. Fletcher

Here is the opinion in Native American Council of Tribes v. Weber. An excerpt:

In this appeal, we consider the South Dakota Department of Corrections’ (“SDDOC”) decision to prohibit tobacco use by Native American inmates during religious activities. In 2009, the Native American Council of Tribes (“NACT”) and South Dakota Native American inmates Blaine Brings Plenty and Clayton Creek (collectively “inmates”) brought suit against 1 prison officials from the SDDOC (collectively “defendants”)2 claiming that the tobacco ban substantially burdened the exercise of their religious beliefs in violation of the Religious Land Use and Institutionalized Persons Act of 2000 (“RLUIPA”), 42 U.S.C. § 2000cc-1(a). After a three-day bench trial, the district court granted 3 injunctive relief to the inmates and directed the parties confer regarding a revised tobacco policy. On failure to agree, the district court entered a remedial order that, among other things, limited the proportion of tobacco in the mixture distributed to inmates for religious purposes to no more than one percent. The defendants appeal the grant of injunctive relief, including the remedial order. Having jurisdiction under 28 U.S.C. § 1291, we affirm.

Briefs here:

South Dakota Opening Brief

Native American Council Brief

US Amicus Brief

South Dakota Reply Brief

Lower court materials are here and here.

Other posts are here, here, and here.

 

Nez Perce Tribe Dues over Federal Mine Approval

Matthew L.M. Fletcher

Here is the complaint in Idaho Conservation League v. USFS (D. Idaho):

1 Complaint

An excerpt:

Plaintiffs Idaho Conservation League and Nez Perce Tribe challenge the U. S. Forest Service’s approval of the Golden Meadows Exploration Project (Project) for violations of the National Environmental Policy Act (NEPA). The Project is a three-year mineral exploration project on the Payette and Boise National Forests in Valley County, Idaho, proposed by Canadian mining company Midas Gold, Inc. (MGI).

14th National Indian Nations Conference — Dec. 11-13, 2014

Matthew L.M. Fletcher

Here.

Parts 3 and 4 of Cobell Retrospective by Former Judge Lamberth Clerk

Matthew L.M. Fletcher

Here and here.

Parts 1 and 2 are linked here.

Nebraska COA ICWA Matter — Trial Court Reversed where State Agency Failed to Allege ICWA

Matthew L.M. Fletcher1 Comment

Here is the unpublished opinion in In re Avery S.:

In re Avery S

An excerpt:

Therefore, we conclude that at the time the State filed its petition and motion for  temporary custody in this case, it was aware that Katherine’s other children were  members of the Tribe or at least that ICWA was applicable to their case. Accordingly, the State knew or should have known that ICWA applied in the case involving Avery and Izabel. Thus, based on the facts of this case, the State was required to set forth allegations under ICWA in the petition and motion for temporary custody. Based on the State’s failure to do so, the juvenile court erred in entering an order detaining the children and should have dismissed the petition.

Federal Court Complaint in Turtle Mountain Reservation Leasing Dispute

Matthew L.M. Fletcher

Here is the complaint in Grenier v. Delorme (D.N.D.):

1 Complaint + Exhibits

An excerpt:

On or about March 18, 2010, Plaintiffs and Defendant entered into a ten – year Lease of Real Estate (“Lease”) for Defendant’s land located at tract number 324-5065 and described as E/2NE/4, of Section 3, Township 161 N., Range 71 W., Rolette County, North Dakota. This land is not located on the Turtle Mountain Reservation, but is trust land. A  copy of the Lease is attached hereto as Exhibit A. Prior to entering into the Lease, Plaintiffs had farmed the land subject to the Lease for over thirty years.

 

State-Wide Gaming Ban Referendum at Issue in Massachusetts

Matthew L.M. Fletcher1 Comment

The Supreme Judicial Court of Massachusetts will soon decide whether a state-wide referendum to ban gaming can go forward.

Here are the briefs in Abdow v. Attorney General (Mass. Sup. Jud. Ct.):

Interveners-Appellants Sarno Brief Interveners-Appellants Sarno Brief Intervener-Appellants Rizzo Sub Brief Intervener-Appellants Rizzo Sub Brief
Interveners-Appellants Ducharme Brief Interveners-Appellants Ducharme Brief Appellants Abdow Brief Appellants Abdow Brief
Amicus Public Health Advocacy Brief Amicus Public Health Advocacy Brief Interveners-Appellants Ducharme Suppl Brief Interveners-Appellants Ducharme Suppl Brief
Plaintiffs-Appellants Abdow Reply Brief Plaintiffs-Appellants Abdow Reply Brief Interveners-Appellants Sarno Reply Brief Interveners-Appellants Sarno Reply Brief
Amicus Greater Springfield Brief Amicus Greater Springfield Brief Amicus MA Building Trades Brief Amicus MA Building Trades Brief
Appellees Attorney General Brief Appellees Attorney General Brief Amicus Revere Interveners Brief Amicus Revere Interveners Brief
Amicus MA Competitive Partnership Brief Amicus MA Competitive Partnership Brief Amicus Stop Predatory Gambling Brief Amicus Stop Predatory Gambling Brief
Amicus Affiliated Chambers Brief Amicus Affiliated Chambers Brief Amicus Council Of Carpenters Brief Amicus Council Of Carpenters Brief
Amicus Town Of Plainville Brief Amicus Town Of Plainville Brief Amicus Coalition Of Citizens Brief Amicus Coalition Of Citizens Brief