Author: Matthew L.M. Fletcher

NYTs: President Obama to Nominate Three for the D.C. Circuit

Matthew L.M. Fletcher

Here.

Turtle Talk readers will of course recognize Patricia Millett, whose contributions to Indian law are well known.

City of Duluth v. National Indian Gaming Commission — Federal Motion to Dismiss

Matthew L.M. Fletcher2 Comments

Here:

Federal Motion to Dismiss

Complaint here.

Update in Nooksack Membership Dispute

Matthew L.M. Fletcher2 Comments

News coverage here. Previous post on the recent tribal court litigation. And an update on tribal court filings:

Second Declaration of Gabriel S. Galanda

And a federal complaint alleging FOIA violations by the Bureau of Indian Affairs — St. Germain v. Dept. of Interior (W.D. Wash.):

St Germain v Interior Complaint

 

Cheyenne & Arapaho Tribes Internet Poker Settlement Agreement with Oklahoma

Matthew L.M. Fletcher

Here:

C & A Settlement-Agreement 04-05-13

Eastern District of Michigan Ranks 6th in Charging Indian Country Criminal Cases

Matthew L.M. Fletcher1 Comment

Here.

Ninth Circuit Dismisses Fred v. Washoe Tribe Appeal

Matthew L.M. Fletcher

Here is the unpublished opinion.

Briefs:

Washoe Tribe Opening Brief

Fred Brief

From the opinion:

This is an interlocutory appeal asserting jurisdiction in this court under the collateral order doctrine. The underlying claims relate to the Washoe Tribe’s decision to take custody of the plaintiff’s grandchildren due to allegations of abuse by the grandchildren’s mother (the plaintiff’s daughter). After pursuing tribal  remedies, the grandmother, Ms. Fred, filed suit against the Tribe in federal district court. The district court dismissed for failure to state a claim with leave to amend. The Tribe appeals the district court’s dismissal in its favor because the dismissal was without prejudice, arguing that the complaint should have been dismissed with prejudice for three reasons: 1) failure to exhaust tribal court remedies; 2) tribal sovereign immunity; and 3) lack of subject matter jurisdiction.

Prior posts on this case here and here.

Eleventh Circuit Briefs in Seminole Tribe v. State of Florida Tax Dispute

Matthew L.M. Fletcher1 Comment

Here:

Seminole Tribe Opening Brief

Florida Appellee Brief

Reply Brief TK

Lower court materials here.

Eastern Band of Cherokee Indians Contract Support Costs Suit against Indian Health Service

Matthew L.M. Fletcher

Here is the complaint in Eastern Band of Cherokee Indians v. United States (D. D.C.):

EBCI Complaint

ICWA Educational Resource Video – “Bringing our Children Home: An Introduction to the Indian Child Welfare Act”

Matthew L.M. Fletcher

From the State of Mississippi judicial site:

The video trailer referenced is the culmination of the ongoing collaboration between the Mississippi Courts, Child Welfare Agency, the Mississippi Band of Choctaw Indians, and various National Resource Centers which specifically focus their expertise on educating non tribal entities on the Indian Child Welfare Act (ICWA) and other issues related to Native American values. The video trailer was developed by the Mississippi Administrative Office of Courts/Court Improvement Program in consultation with the National Resource Center on Legal and Judicial Issues and the National Resource Center for Tribes as an ICWA educational resource for judges, courts, child welfare, and judicial educators. The full length video will be available later this year. The video is being produced by Mad Genius, Inc., Ridgeland, Mississippi.