Fifth Circuit Largely Rules Against American Indian Prisoner in RLUIPA Case

Here are the materials in Chance v. Texas Dept. of Criminal Justice:

Chance v. TDCJ Decision

Chance – Opening Brief (FILED)

Amicus Brief of Pan-American Indian Association

Texas– Appellee Brief

An excerpt:

Plaintiff-Appellant William Chance, Jr. (“Chance”) is a prisoner currently incarcerated by the Texas Department of Criminal Justice (“TDCJ”). Chance filed suit under the Religious Land Use and Institutionalized Persons Act (“RLUIPA”) alleging that TDCJ has failed to accommodate several tenets of his Native American religion, including: (1) personal participation in a pipe-smoking ceremony, (2) participation in a minimum number of various ceremonies, (3) indoor smoke-wafting, and (4) personal possession of a lock of a deceased relative’s hair. We agree with the district court that the summary judgment record demonstrated that the prison policies associated with Chance’s first three complaints are the least restrictive means of furthering TDCJ’s compelling interests. However, we disagree with the district court that summary judgment was appropriate on Chance’s claim that prohibiting the possession of a lock of a relative’s hair was not the least restrictive means of furthering TDCJ’s compelling interests. We therefore AFFIRM the district court’s judgment in part, and VACATE and REMAND it in part.

Opening Third Circuit Brief in Thorpe v. Borough of Jim Thorpe — Updated with Amicus

Here:

Borough Opening Brief 3rd Cir (00020639)

Update — Amicus brief:

Grandsons Amicus Brief

Lower court materials here.

NYTs Coverage of Nez Perce Fight against MegaLoads and Climate Change

Here.

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Nez Perce Tribe Press Release on MegaLoads Decision

Here:

NPT Press Release

NPT Press Release

Case materials are here.

Briefs in Quechan Challenge to Ocotollo Wind Energy Facility in S. California

Here are the briefs in Quechan Tribe of the Fort Yuma Indian Reservation v. Dept. of Interior:

Doc 11_1 Appellant’s Opening Brief 090413. wo Addendum

Doc 15 CRIT Amicus Brief

Federal Appellee Brief

Reply brief TK

Lower court materials here.

Federal Court Enjoins MegaLoads on Nez Perce Land — Lack of Tribal Consulation

Here are the materials in Nez Perce Tribe v. United States Forest Service (D. Idaho):

Nez Perce (Mega-load) Consultation decision (Sept 2013)

Complaint

Motion for TRO/PI

USFS Opposition

Reply in Support of Motion for PI

Prior posts here and here.

Ninth Circuit Briefs in Challenge to Repatriation of “La Jolla Skeletons” to Kumeyaay Cultural Repatriation Committee

Here are the briefs in White v. University of California:

White Opening Brief

Kumeyaay Cultural Repatriation Committee Answer Brief

University Answer Brief

White Reply

Lower court materials are here.

Colville Enacts Same-Sex Marriage Recognition Statute

Here (h/t here). They join Coquille, Suquamish, Little Traverse, Pokagon, and Santa Ysabel. For other tribes interested, see the toolkit Ann Tweedy posted a while back.

An important point:

Practically speaking, Finley said, it will mean that gay partners can have the same rights as a married couple of different sexes. One change already enacted allows anyone who works for the tribe to add a spouse of the same sex to their insurance and benefits.

He said the tribe will now begin modifying its other codes, plans and policies to make sure they agree with the newly passed amendment.

Jim Thorpe, PA Has “no intention of letting him go”

Here, via How Appealing.

HuffPo on Gregg Deal’s “The Last American Indian on Earth”

Here.

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