Research

Update in Adams v. Elfo [Nooksack Habeas Matter]

Matthew L.M. Fletcher

Here are the new materials in Adams v. Elfo (W.D. Wash.):

35 Magistrate Report

36 Objections

38 Tribe Response to Objections

39 Tribal Court Response to Objections

40 Reply

43 DCT Order

Nooksack tag here.

Minnesota COA Holds that State Courts Have Jurisdiction over Sexual Harassment Complaint against Honor the Earth

Matthew L.M. Fletcher

Here is the unpublished opinion in Campbell v. Honor the Earth:

opinion.pdf

Motion for TRO/Preliminary Injunction in CARES Act Suit

Matthew L.M. Fletcher

Here is the motion in Confederated Tribes of the Chehalis Reservation v. Mnuchin (D.D.C.):

3 Motion for TRO

Complaint here.

Federal Circuit Decides Inter-Tribal Council of Arizona Inc. v. United States [trust breach re: Phoenix Indian School]

Matthew L.M. Fletcher

Here is the opinion.

Briefs and lower court materials here.

Confederated Salish & Kootenai Tribes Prevail in Trespass Action re: Big Arm Town Site

Matthew L.M. Fletcher

Here are the updated materials in Confederated Salish and Kootenai Tribes v. Lake County Board of Commissioners (D. Mont.):

88 County MSJ

89 Lundeen Response to CSKT MSJ

93 Tribe Reply in Support of MSJ

96 CSKT Response to Defs’ MSJs

100 County Reply in Support of MSJ

108 DCT Order

Prior post here.

National Indian Law Library Bulletin (4/16/2020)

Matthew L.M. Fletcher

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

  • Penobscot Nation v. Frey (Treaty Rights)
  • United States v. Cline (Criminal Jurisdiction)
  • Mille Lacs Band of Ojibwe v. County of Mille Lacs (Reservation Boundaries)
  • Hudson v. Zinke (Tribal Elections; Trust Relationship)
  • Mecautea v. State of Oregon (Tribal Court Jurisdiction)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2020.html
In Re the Petition of M.G. (Indian Child Welfare Act)

Tribal Courts Bulletin
https://www.narf.org/nill/bulletins/tribal/2020.html
Donius and Rincon Mushroom Corporation, Inc v. Rincon Band of Luiseño Indians (Tribal Jurisdiction)

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

  • Compensatory mitigation and public lands.
  • American Indians and the right to vote: Why the courts are not enough.
  • Silent intent? Analyzing the congressional intent required to abrogate tribal sovereign immunity.

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

  • NCAI and NARF joint statement on recent census announcement and call for Congress to extend census operations
  • How the U of Minnesota, Twin Cities doubled its retention of Native American students
  • Urban Indians are largely invisible from COVID-19 reporting
  • Federal court vacates Keystone XL permit, orders remand to federal agency
  • Mashpee tribal members recount long history of fighting for land
  • Op-Ed: Two women fighting to prevent COVID-19 from destroying rural Alaska
  • SCOTUS will hear McGirt argument remotely in May — No date set yet
  • UN expert mechanism on the rights of Indigenous peoples releases statement on COVID-19
  • Culture, resilience, and sustainability of the Salish people
  • Arne Vainio: Zoongide’iwin is the Ojibwe word for courage

Federal Court Vacates Keystone XL Permit, Orders Remand to Federal Agency

Matthew L.M. Fletcher

Here is the order in Northern Plains Resource Council v. U.S. Army Corps of Engineers (D. Mont.):

130 DCT Order

Briefs in Rosebud Sioux Tribe v. Trump here.

Federal Court Dismisses Malicious Prosecution Suit against Blue Lake and Outside Counsel by Former Business Partner

Matthew L.M. Fletcher

Here are the materials in Acres Bonusing Inc v. Marston (N.D. Cal.):

1 Complaint

1-2 Tribal Court Opinion

29-1 Boutin Jones Defendants MTD

30-1 Boutin Jones Anti-SLAPP Motion

31 Janssen Malloy Defendants Anti-SLAPP Motion

32-1 Marston Defendants MTD

33 Janssen Malloy Defendants MTD

38 ABI Motion for Sanctions

40 JM Defendants Response to 38

43 ABI Response to BJ MTD

44 ABI Response to JM MTD

45 ABI Response to Marston MTD

46 ABI Reply in Support of Motion for Sanctions

47 JM Reply

48 BJ Reply

49 Marston Reply

50 ABI Response

50-1 Marston Anti-SLAPP Motion

52 Marston Response to ABI Motion to Strike

56 ABI Response to BJ Anti-SLAPP Motion

57 ABI Response to JM Anti-SLAPP Motion

58 ABI Response to Marston Anti-SLAPP Motion

59 JM Reply in Support of Anti-SLAPP Motion

60 BJ Reply in Support of Anti-SLAPP Motion

62 Marston Reply in Support of Anti-SLAPP Motion

65 DCT Order

Related cases here.

Akiak Native Community Letter Opposing CARES Act Money Going to Pro-Profit Alaska Native Corporations

Matthew L.M. Fletcher

Here:

Letter to Asst Sec and Dept of Treasury

Federal Court Refuses to Dismiss Federal Indictment of Habitual D.V. Offender [Underlying Nooksack D.V. Convictions]

Matthew L.M. Fletcher

Here are the materials in United States v. Cline (W.D. Wash.):

1 Complaint

40 Motion to Dismiss

46 Response

47 Reply

50 Surreply

51 Sur-sur-reply

55 DCT Order