Federal Court Dismisses Miss. Choctaw from FTCA Claim, Claim against US Proceeds

Here are the materials in Chipmon v. United States (S.D. Miss.):

42 MBCI Motion to Dismiss

43 Memo in Support

42-1 MBCI v Peebles Opinion

42-2 Sharp v MBCI Opinion

50 DCT Order

Prior post here.

Update in Klamath River Flow Litigation [Rule 19 Motion]

Here are updated materials in Klamath Irrigation District v. Bureau of Reclamation (D. Or.):

Dkt 89 Magistrate Findings and Recommendation of Dismissal

ECF 70 Second Amended Complaint

ECF 73 Shasta 2nd amended complaint

ECF 74 HVT Motion to Dismiss

ECF 75 Klamath Motion to Dismiss

ECF 76 Feds Response to Motion to DIsmiss

ECF 83 Hoopa Reply Re Dismissal

ECF No 77 ShastaViewOppMotDismiss

ECF No 78 KIDopposMotDismiss

Here is a new pleading in a related case, Yurok Tribe v. Bureau of Reclamation (N.D. Cal.):

909-1 Yurok Motion

Additional materials (9/8/22):

80 Hoopa Reply

81 Klamath Tribes Reply

86 Magistrate Recommendation

94 DCT Order

ALI Indian Law Restatement Update

Hey we made a video!

Friday Job Announcements

To post an open Indian law or leadership job to Turtle Talk, send the following information to indigenous@law.msu.edu:

  1. In the email body, a typed brief description of the position which includes
    • position title,
    • location (city, state),
    • main duties,
    • closing date,
    • and any other pertinent details such as links to application;
  2. An attached PDF job announcement.

The Native American Rights Fund

Fellow, Anchorage, AK. Seeking a current third year law student, current law clerk, or recent law school graduate with a strong background in federal Indian law and public service for a two-year fellowship starting September 2020 or sooner. Submit resume, cover letter, names and contact information of three professional references, writing sample, and law school transcript no later than 5:00 pm Alaska Daylight Time, on Friday, May 29, 2020, by email to: Jill Rush, Office Manager, Native American Rights Fund, 745 West 4th Avenue, Suite 502, Anchorage, AK 99501, rush@narf.org. For more information please see the position description.

Omaha Tribe of Nebraska

Tribal Prosecutor, Macy, NE. Incumbent shall prosecute all criminal matters in the name of the Omaha Tribe of Nebraska, making independent decisions on whether to file formal charges, the nature of those charges, whether to recommend plea bargains and trying both jury and non-jury cases.  Performs other duties as assigned by the supervisor. Application is open until filled. You may send your resume to rhastings@theomahatribe.com or mylisha.robinson@ihs.gov. Please see the position description for more information.

 

See posts from May 8, 2020.

The Atlantic: “The People Who Profited Off the Trail of Tears”

Book review of “Unworthy Republic: The Dispossession of Native Americans and the Road to Indian Territory” by Claudio Saunt.

Here.

Coronavirus in Indian Country: Latest Case Counts

Coronavirus in Indian Country: Latest Case Counts as of May 11, 2020

The charts represent a joint effort by Indian Country Today, the American Indian Studies Center at UCLA, and the Ralph J. Bunche Center for African American Studies at UCLA to combat data invisibility.

National Indian Law Library Bulletin (5/13/2020)

Here:

We have scoured the web. Here are some of the latest materials related to Indian Law. Find all of the latest updates at narf.org/nill/bulletins/

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2020.html
Employers Mutual Casualty Company v. McPaul (Tribal Jurisdiction)
Reyes v. Department of the Interior (Tribal Membership)
Agua Caliente Band of Cahuilla Indians v. Mnuchin (CARES Act)
United States v. Smith (Jury Selection)
Gilliam v. Roach (Sovereign Immunity)

U.S. Legislation – 116th Congress Bulletin
https://narf.org/nill/bulletins/legislation/116_uslegislation.html

  • S.3650 – A bill to amend the Indian Health Care Improvement Act to deem employees of urban Indian organizations as part of the Public Health Service for certain purposes, and for other purposes.
  • S.3666 – A bill to fund grants for the immediate deployment of temporary wireless broadband service on Tribal lands and Hawaiian Home Lands, to provide emergency special temporary authority to use electromagnetic spectrum for the provision of wireless broadband service on Tribal lands and Hawaiian Home Lands, and for other purposes.
  • S.3672 – A bill to provide States and Indian Tribes with flexibility in administering the temporary assistance for needy families program due to the public health emergency with respect to the Coronavirus Disease (COVID-19), to make emergency grants to States and Indian Tribes to provide financial support for low-income individuals affected by that public health emergency, and for other purposes.
  • H.R.6772/S.3622 – A bill to waive the cost share requirement for Indian Tribes receiving disaster assistance relating to COVID-19, and for other purposes.
  • S.Res.565 – A resolution recognizing the heritage, culture, and contributions of American Indian, Alaska Native, and Native Hawaiian women in the United States.

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2020.html

  • The Indigenous decade in review.
  • Sovereignty-affirming subdelegations.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:

  • U.S. Supreme Court weighs ‘transfers of sovereign right’
  • Native Sun News Today: Pipeline loses permit, but construction continues
  • Pandemic broadens use of telemedicine in Indian Country and beyond
  • Alexander Mallory: Tribes have full legal authority to use checkpoints to safeguard health
  • Beyond the sensational rhetoric: ‘Only Congress can disestablish, diminish or undo a reservation’
  • Native candidate seeks to make history
  • Probe launched into Interior leaks, handling of $8 billion for tribes
  • Navajo Nation college has record number of degrees
  • Fry Bread: Children’s book explores the connection between cooking and colonization
  • COVID-19 aid starts flowing to tribes after weeks of confusion
  • How a virtual powwow helped heal a spirit broken during the pandemic

Briefs in Mandan Hidatsa and Arikara Nation v. Dept. of Interior [federal approval of drilling at Fort Berthold] [updated 12/22/21]

Here are the updated briefs in Mandan Hidatsa and Arikara Nation v. Dept. of Interior (D.N.D.):

75 MHA Nation MSJ

80 Slawson MSJ

81 Interior MSJ

87 MHA Nation Reply

Update (12/22/21):

88 Slawson Reply

89 Interior Reply

92 Magistrate Report

105 Status Report

108 DCT Order Denying Stay

109 Objections

Prior post here.

Federal Court Dismisses Suit against Duck Valley Tribe for Failure to Exhaust

Here are the materials in Magee v. Shoshone Paiute Tribes of the Duck Valley Reservation (D. Nev.):

1 Complaint

10 Motion to Dismiss

10-1 Tribal Court Record

16 Response

25 Reply

26 Surreply

28 Objection to Surreply

40 DCT Order

Navajo Nation Doc: “Rural Matters — Coronavirus and the Navajo Nation”

From the New England Journal of Medicine, here.

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