Mackinac Tribe v. Jewell — Complaint for Federal Recognition

Here is the complaint:

Complaint

An excerpt:

COMES NOW, Petitioner, MACKINAC TRIBE, by and through undersigned counsel, to petition the Court to determine that the MACKINAC TRIBE is a federally recognized  Indian Tribe, and to order the Defendant, Secretary of the Interior, to conduct elections under the Indian Reorganization Act to adopt a draft proposed Constitution for such tribe, and such other relief as may be appropriate.

Patent and Trademark Materials: Rejecting “Washington Redskins Potatoes” Mark

Here.

“The PTO has approved past marks for red-skinned potatoes and peanuts, but the application doesn’t appear to have anything to do with actual potatoes.”

NPR Ombudsman Commentary on Reporting on the “Washington Football Team”

Here.

Profile of Cora Reynolds Anderson, First Woman in Michigan State House … an also Ojibwe from the UP

Here.cora

And here is her Michigan Women’s Hall of Fame page.

A profile of “Cora’s Cafe” in the Anderson House Office Building is here.

Federal Court Requires Exhaustion of Tribal Remedies in ICRA Habeas Claim

Here are the materials in Styliest v. Rosebud Sioux Tribe (D.S.D.):

1 Habeas Petition

5 DCT Order Denying Habeas Writ

The Eighth Circuit denied petitioner’s direct appeal of his federal conviction here.

Federal Court Refuses to Dismiss Suit against Alaska Assn. of Village Presidents on Immunity Grounds

Here are the materials in Eaglesun Systems Products Inc. v. Association of Village Council Presidents (N.D. Okla.):

22 Motion to Dismiss

25 Opposition

33 Reply

41 DCT Order Denying Motion to Dismiss

An excerpt:

Now before the Court are the following motions: Defendant’s Motion to Dismiss (Dkt. # 22), Plaintiff’s Motion to Strike (Dkt. # 27), and Plaintiff’s Motion for Jurisdictional Discovery (Dkt. # 36). Defendant Association of Village Council Presidents (AVCP) argues that it has sovereign immunity from suit because all of its members are federally-recognized Indian tribes and AVCP was created to provide governmental services for its members. Plaintiff Eaglesun Systems Products, Inc. responds that AVCP is a non-profit corporation organized under state law, and it is not entitled to sovereign immunity as an Indian tribe or as a tribal organization. Plaintiff also requests leave to conduct jurisdictional discovery before the Court rules on defendant’s motion to dismiss.

Pro Se Contract Claim against Seminole Tribe Dismissed

Here are the materials in Wallace v. Askar (M.D. Fla.):

1 Claim

4 DCT Order Dismissing Suit

Federal Court Opinion in DeBoer v. Snyder

Here.

A worthy read for anyone interested in marriage equality. The court roundly discredited the State’s efforts to use junk science to support overt discrimination against same-sex couples.

The State should be utterly embarrassed and drop any appeal. There is no defense for a ban on same-sex marriage.

North Carolina COA Decides Tribal Leadership Dispute of State-Recognized Tribe

Here is the unpublished opinion in Meherrin Indian Tribe v. Lewis:

Meherrin Indian Tribe v Lewis

Cahuilla Band of Indians v. Davis Complaint for Trespass

Here is the complaint:

1 Complaint

An excerpt:

This Court has jurisdiction over this action pursuant to 28 U.S.C. §§ 1331, 1362 and 1367, in that plaintiffs claims arise under the laws of the United States, including federal common law, plaintiff is an American Indian tribe with a governing body duly recognized by the Secretary of the Interior as maintaining government-to-government relations with the United States and exercising jurisdiction over the federal trust lands of the Cahuilla Indian Reservation in the unincorporated territory of Riverside County, California, near the town of Anza; and plaintiff’s claims that are not within the district court’s original jurisdiction are so related to the claims within the district court’s original jurisdiction that they form part of the same case or controversy under Article III of the United States Constitution. The specific laws of the United States under which plaintiff’s claims arise include, but are not limited to, the Mission Indian Relief Act of January 12, 1891 (26 Stat. 712) (“MIRA”); 25 U.S.C. § 415 and regulations promulgated thereunder; the federal Clean Water Act, 33 USC 1251, et seq. and regulations promulgated thereunder; and the federal Resource Conservation and Recovery Act, 42 U.S.C. § 6901, et seq. and regulations promulgated thereunder. The Court has supplemental jurisdiction over the Tribe’s state-law claims for trespass pursuant to 28 U.S.C. § 1367, in that those claims arise out of the same facts and circumstances as do the Tribe’s claims cognizable under the Court’s original jurisdiction.