Author: Matthew L.M. Fletcher – Page 780

Ninth Circuit Denies Rehearing/En Banc Review of Maxwell v. County of San Diego — Tribal Officials Not Immune under Section 1983

February 14, 2013February 14, 2013Matthew L.M. Fletcher1 Comment

Here is the order:

Maxwell v. County of San Diego (9th 2013)

An excerpt:

The panel has voted to deny the petition for rehearing in case number 10-56671; Judges Clifton and Ikuta vote to deny the petition for rehearing en banc, and Judge Farris so recommends. Judges Farris and Clifton vote to deny the petition for rehearing in case number 10-56706; Judge Clifton votes to deny the petition for rehearing en banc, and Judge Farris so recommends. Judge Ikuta votes to grant the petition for rehearing and the petition for rehearing en banc. The full court has been advised of the petitions for rehearing en banc and no judge has requested a vote on whether to rehear the matters en banc. Fed. R. App. P. 35. The petitions for panel rehearing and the petitions for rehearing en banc are DENIED.

Earlier materials are here: panel opinion materials and en banc petition.

NCAI — State of Indian Nations

February 14, 2013Matthew L.M. Fletcher3 Comments

Securing Our Futures

11th Annual State of Indian Nations Address

Remarks by Jefferson Keel, President

National Congress of American Indians (NCAI)

Thursday, February 14, 2013

Newseum, Knight Studios, Washington, DC

I. Introduction

Members of the National Congress of American Indians, members of the Administration and the 113^th Congress, tribal leaders, tribal citizens, my fellow Americans.

As President of the National Congress of American Indians, and as one of more than 5 million American Indian and Alaska Natives of the 566 federally-recognized tribal nations and many state-recognized governments of Indian Country, it’s an honor to speak to you today.

Native Americans are as diverse as America itself—an array of cultures, each with its own rich heritage, its own proud history.

And all of our vibrant threads, our stories and traditions, our struggles and triumphs, are woven into the fabric of America.

Every day, we are reminded of how far we’ve come, and the great journey we have ahead of us. And though we’ve walked dark roads, and overcome great challenges and tragedies, our future holds great promise.

Today, Indian Country is strong.

I could not always stand here and tell you that.

When I was a young boy growing up in southern Oklahoma, there weren’t many opportunities in my Chickasaw community. My family, like many others, was poor, barely scraping by. As soon as we were old enough, we started working, harvesting cotton, peanut and corn crops, piling hay onto trucks, hauling them to the barns.

I saw neighbors working hard to build better lives for their families. Parents and grandparents maintaining our culture—from traditional food to name-giving ceremonies to celebrations of life and death. Passing on the timeless values of our tribe.

Even when the federal government told us we had no right to exist, we stayed true to ourselves.

Continue reading →

Shingle Springs Finally Wins Permanent Injunction against Man Claiming to be “Chief”

February 14, 2013February 25, 2013Matthew L.M. Fletcher4 Comments

Amazing story. Cribbing from another’s description of the case:

Just after news broke that Tribe’s Red Hawk Casino was about to open several years ago, Cesar Caballero began his campaign to usurp the Tribe’s established identity. There are many fascinating twist and turns to this story, including Mr. Caballero’s conviction for obstruction of mail after submitting a fraudulent change of address form to have the Tribe’s mail diverted to his address. Earlier in the case (a few years back) he filed unsuccessful counterclaims seeking relief for alleged violation of his trademarks and challenging the Tribe’s status. The court dismissed the counterclaims with prejudice.

Here are the materials:

220 – Third Amended Complaint

236.1 – MPA re Summary Judgment Motion

258 – Caballero Response to Summary Judgment Motion

259 – Order Granting Summary Judgment And Entering Permanent Injunction

Federal Bankruptcy Court Holds Future Tribal Per Caps Not Subject to Capture by Trustees

February 14, 2013February 15, 2013Matthew L.M. Fletcher1 Comment

Here are the materials in In re Barth (D. Minn. Bkrtcy.):

Order

Debtors Motion for Summary J

Trustee Motion for Summary J

Debtor Response

Trustee Response

An excerpt:

The Debtors are enrolled members of the Lower Sioux Indian Community in the State of Minnesota. Their predominant source of income is monthly per capita payments they receive from Lower Sioux. In these three adversary proceedings, the Chapter 7 trustees seek orders requiring the defendants to turnover post-petition per capita payments they receive from the Lower Sioux Indian Community, claiming that the payments are contingent property rights that existed at filing and constitute 11 U.S.C. § 541(a) property of the bankruptcy estates. The assertion is based on the plaintiffs’ application of Minnesota law to determine the nature of the per capita payments. The defendants claim that the defendants had no property interest in future per capita payments at filing of the bankruptcies. They claim that tribal law, not Minnesota law, is the applicable law and that tribal law specifically provides that tribal members have no property right in future per capita payments. Plaintiffs and defendants agree that summary judgment is appropriate. The Court agrees with the defendants and holds that they had no property rights in future per capita payments at bankruptcy filing and that they are entitled to summary judgment that their bankruptcy estates have no interest in the payments.

The appellate court affirmed the dismissal of the claim against the Lower Sioux Indian Community earlier; we posted materials here.

Eastern Band Cherokee Judge Matthew Martin Retires from Bench

February 13, 2013February 13, 2013Matthew L.M. Fletcher

Here.

Judge Martin is a helluva writer and scholar, see here and here and here.

Cherokee Tribal Court Associate Judge Matthew Martin (center) retired from the court, and was honored at a reception on Monday, Feb. 11. Shown (left-right) are Judge Kirk Saunooke, Painttown Rep. Tommye Saunooke, Judge Steven Philo, Martin, Cherokee County – Snowbird Rep. Adam Wachacha and Cherokee Chief Justice Bill Boyum. (SCOTT MCKIE B.P./One Feather)

Atlantic: Why there is Opposition to VAWA

February 13, 2013February 13, 2013Matthew L.M. Fletcher

Here.

An excerpt:

Another controversy surrounds a provision in this year’s reauthorization to give tribal governments criminal jurisdiction over non-Indians who commit crimes on reservations. Proponents of the bill say this closes a loophole that allows non-Native American men to abuse Indian women with impunity. But critics say the tribal courts are underresourced and have a history of failing to provide adequate legal protections to defendants.

National Museum of American Indians Symposium on Racist Stereotypes and Cultural Appropriations in Sports — In Entirety

February 13, 2013Matthew L.M. Fletcher1 Comment

YouTube has all six hours in three parts.

Part 1

Part 2

Part 3

Description of the symposium:

In this day-long symposium sports writers, scholars, authors, and representatives from sports organizations engaged in lively panel discussions on racist stereotypes and cultural appropriation in American sports.

The symposium explores the mythology and psychology of sports stereotypes and mascots, and examines the retirement of “Native American” sports references and collegiate efforts to revive them despite the NCAA’s policy against “hostile and abusive” nicknames and symbols.

Description of each part. Continue reading →