Ninth Circuit Partially Reinstates Section 1983 Claim against San Bernardino County Law Enforcement

Here is the opinion in Chemehuevi Indian Tribe v. McMahon.

An excerpt:

It is undisputed that the Sheriff cannot enforce regulatory traffic laws in “Indian country.” See 18 U.S.C. § 1162; 28 U.S.C. § 1360. “Indian country” includes, but is not limited to, land within the boundaries of a reservation. 18 U.S.C. § 1151. The issues for decision today are (1) whether the individual Tribe members and the Tribe can challenge the citations through a 42 U.S.C. § 1983 action; and, if so, (2) whether Section 36 is Indian country. We hold that the individual plaintiffs, but not the Tribe, can challenge the citations under § 1983. And, we conclude that all the citations occurred within Indian country. We therefore vacate the district court’s judgment dismissing the complaint as to the individuals but affirm the judgment as to the Tribe.

Briefs here.

Federal Court Indian Country Determination Order [Ohkay Owingeh Pueblo]

Here are the materials in United States v. Vigil (D.N.M.):

60-us-motion-for-indian-country-determination-1.pdf

71-opposition.pdf

89-reply.pdf

201-dct-order.pdf

Friday Job Announcements

If you sent in a job announcement but do not see it here, if you have asked for an announcement to be re-posted, or if you have asked for an old announcement to be removed, then please read our recent post about the requirements for Turtle Talk Friday Job Announcements. Examples are provided at the end of this post. Thank you for your understanding!

Any posts for an open Indian law or leadership job received prior to 12pm EST on Friday will appear in that week’s announcement, when the following information is sent 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, and closing date;
  2. An attached PDF job announcement.

Please send all job announcements in this requested format.

Lewis and Clark College

Staff Attorney – Small Business Legal Clinic, Portland, OR – with travel to rural areas, including Warm Springs and Umatilla Reservations. Fifty percent of the time will be spent working with rural Native Entrepreneurs on transactional legal issues. The other half will be spent working with all entrepreneurs in a fee-for-service model. The applications will be accepted on a rolling basis, but screening begins August 26th. Apply here and please see the job announcement for more information.

The Pokagon Band of Potawatomi Indians

Financial Adviser RFS, Dowagiac, MI. Seeking to engage an independent contractor with Registered Investment Adviser credentials to assist the Band in monitoring and evaluating the services provided by asset management and banking partners.  In addition assist in special projects that help the Band achieve its financial goals.  The firm/individual selected will not directly provide asset management services and/or banking services. This position will be filled no later than January 1, 2020. For more information please see the position description.

Eastern Band of Cherokee Indians Public Health and Human Services Division

Family Safety Manager, Cherokee, NC. The Family Safety Program Manager is a senior leadership position within PHHS and is responsible for administering the EBCI Family Safety Program executing all matters related to foster care, adoption, guardianship, and/or out of home placement for all person under the age of 18 within the Division’s service area.  Visit https://ebci.com/jobs/ for more information and to apply, or see the job description.

Colorado’s Office of the Lieutenant Governor

Executive Director for the Colorado Commission of Indian Affairs (CCIA),Denver Metro, CO. The Commission is the official liaison between the State of Colorado, the Ute Mountain Ute Tribe, and the Southern Ute Indian Tribe. The Commission also works with the other 46 Historic Tribes of Colorado on a government-to-government basis and maintains contact with Colorado’s urban American Indian/Alaska Native communities. Online applications will be accepted through 9/6/19. For more information and to apply, see the job description or visit the website.

Navajo Nation

RFP for Education Attorney. Under the direction of the Navajo Nation Attorney General or her designee, the Attorney will assist in the review of Navajo Nation laws, state education laws, and federal education laws to establish a Navajo State Education Agency (NSEA). Proposals are due Friday, August 23, 2019. For more information, please see the request.

The Pascua Yaqui Tribe, Office of the Attorney General

Law Clerk (temporary), Tucson, AZ. The Law Clerk assists in performing legal analysis, researching and preparing legal files and documents, and other legal services.  The Law Clerk maintains confidentially of all privileged information of the Office of the Attorney General. Position is open until filled. If interested please submit your application here or submit an email to: hr.recruitment@pascuayaqui-nsn.gov. See the job announcement for more information.

ACLU of Montana

Indigenous Justice Program Manager, MT. Seeking a passionate, optimistic person with project planning, management, and organizing skills. Work will impact education equity, water protector rights, and criminal laws. Application closes September 10, 2019. Please see the job description or visit the website for more information.

Dakota Plains Legal Services (DPLS)

Managing Attorney, Fort Thompson, SD. The Fort Thompson office serves the Crow Creek and Lower Brule Indian Reservations in South Dakota and Brule, Buffalo, Hughes, Hyde, Lyman, Stanley and Sully counties in South Dakota. For more information please see the job description.

Staff Attorney, Pine Ridge, SD. The Pine Ridge office serves the Pine Ridge Indian Reservation in South Dakota and Oglala Lakota, Jackson and Bennett counties in South Dakota. For more information please see the job description.

The Shoshone Bannock Tribes

Assistant Tribal Prosecutor, Fort Hall, ID.  This position will mainly handle adult criminal matters, but will assist with all matters handled by the office. For a more complete job description please visit the Shoshone-Bannock Tribes website or see the job description. Application deadline is August 30, 2019.

Tohono O’odham Legislative Branch

Attorney General, Sells, AZ. Provides legal advice and representation to all officials, agencies, departments, divisions and branches of the Tohono O’odham Nation, a federally recognized Indian tribe with 2.8 million acres of reservation land in Southern Arizona. Represent the Nation in all legal proceedings, and in other matters that affect the legal interests of the Nation; advises senior management and tribal officials; and supervises assistant attorneys general and contract attorneys. Please see the job description for more information and how to apply.

Yurok Tribal Court

Legal Access Attorney, Eureka, CA. Under the general supervision of the Tribal Court Assistant Director/Chief Judge, assist the Yurok Department of Health & Human Services, the Chief Judge and the Yurok Tribal Court in its client services and legal matters. Complete a variety of professional assignments and work closely with the Social Workers, Staff Attorney, Chief Judge and other department staff.  Please see Yurok’s website for application and required documents. Closing Date: 8/16/19.

Big Fire Law & Policy Group LLP

Associate Litigation Attorney, Omaha, NE. Work on cases in a variety of areas including constitutional law, environmental law, real estate, employment, tax issues, corporate/business matters, and complex federal, state and tribal court litigation at both trial and appellate levels. Closing date is August 31, 2019. Email resume and cover letter to:  Barbra Baker, Firm Administrator  bbaker@bigfirelaw.com. Please see the job description for more information.

Muckleshoot Indian Tribe

Senior Legal Counsel, Auburn, WA. Seeking an attorney specializing in natural resources with eight or more years of experience.  The selected candidate will have the opportunity work with a strong team of in-house attorneys on a variety of natural resources and other matters.  The Tribe is located in the Greater Seattle Metropolitan Area. Pleas esee the website or job description for more information.

Association of Village Council Presidents

Associate General Counsel, Bethel, AK. The AGC’s focus areas include contracts, human resources, risk management, and compliance. This position is available starting September 2, 2019 and will remain open until filled. Please see job description for more information.

Bishop Paiute Tribal Court

Chief Tribal Court Judge, Bishop, CA.  Presides over and makes rulings on civil (only) cases filed in the Bishop Paiute Tribal Court; Tribal Court is held once a month.  Position is available immediately, will remain open until filed.  Please see RFP for job duties and/or more information.

Mescalero Apache Tribe

Chief Prosecutor, Alamogordo, NM. Prosecutes individuals accused of violating Tribal laws; Works closely with local BIA and Tribal Law Enforcement and federal agencies; Works closely with Tribal Probation Office; and more. A complete position description will be provided upon request. Please submit resumes and questions to Myra LaPaz at Human Resources: via telephone at (575) 464-4494 or via email at mlapaz@mescaleroapachetribe.com.

 

See posts from August 9, 2019.

If you sent in a job announcement but do not see it here, if you have asked for an announcement to be re-posted, or if you have asked for an old post to be removed, then please read our recent post about the requirements for Friday Job Announcements and ensure your submissions meet all requirements. Thank you for your understanding!

An example email submission for a Turtle Talk job announcement:

“Attached is a position description in PDF format.

Associate General Counsel, Bethel, AK. The AGC’s focus areas include contracts, human resources, risk management, and compliance. This position is available starting September 2, 2019 and will remain open until filled. Please see job description for more information.”

OR

“Please find a PDF job announcement attached.

Position Title:  Associate Litigation Attorney

Position location:  Omaha, Nebraska Metropolitan Area, Nebraska

Main responsibilities:  The right candidate will have the opportunity to work on cases in a variety of areas including constitutional law, environmental law, real estate, employment, tax issues, corporate/business matters, and complex federal, state and tribal court litigation at both trial and appellate levels.

Closing Date:  August 31, 2019

Email resume and cover letter to:

Barbra Baker, Firm Administrator  bbaker@bigfirelaw.com

 

 

 

 

Afterlives of Indigenous Archives

Dr. Gordon Henry and Ivy Schweitzer have a new book to be released in September, with cover art by Dr. Elizabeth LaPensée. You can pre-order the book online.

Afterlives of Indigenous Archives offers a compelling critique of Western archives and their use in the development of “digital humanities.” The essays collected here present the work of an international and interdisciplinary group of indigenous scholars; researchers in the field of indigenous studies and early American studies; and librarians, curators, activists, and storytellers. The contributors examine various digital projects and outline their relevance to the lives and interests of tribal people and communities, along with the transformative power that access to online materials affords. The authors aim to empower native people to re-envision the Western archive as a site of community-based practices for cultural preservation, one that can offer indigenous perspectives and new technological applications for the imaginative reconstruction of the tribal past, the repatriation of the tribal memories, and a powerful vision for an indigenous future. This important and timely collection will appeal to archivists and indigenous studies scholars alike.

Federal Court Decides Little Traverse Bay Bands of Odawa Indians v. Whitmer [formerly Snyder]

Here is the order:

627-dct-order-1.pdf

Briefs here.

Case page here.

New Study Reveals 600% Increase in Reported Lobbying by Indian Tribes and Organizations

The Harvard Journal on Legislation has published a new article, Lobbying Against the Odds, that reveals that reported lobbying by Indian nations and organizations increased over 600% from 1978 to 2012. Additional highlights from the article include the following:
– 60% of tribes that reported lobbying from 1978 to 2012 also operated a gaming establishment.
– Indian nations spent an average of $109,408 on lobbying per year from 1997 to 2012.
– Gaming tribes reported spending twice as much as nongaming tribes from 1997 to 2012.
– Top spenders were not necessarily the tribes most frequently reporting lobbying or testifying before Congress.

The article can be found here.

National Indian Law Library Bulletin (8/14/2019)

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 8/14/19.

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2019.html
Brackeen v. Bernhardt (Indian Child Welfare Act)
United Keetoowah Band of Cherokee Indians v. FCC (National Historic Preservation Act)

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article) 
https://www.narf.org/nill/bulletins/lawreviews/2019.html

  • Tribal nations and Congress’s power to define offenses against the law of nations.
  • On Indian children and the Fifth Amendment.

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

  • First in the family: How a first-gen Blackfeet student finds success at UM
  • Tribal communities in Michigan use traditional knowledge to tackle modern public health crisis
  • Hopi Tribe takes over law enforcement from federal agency
  • High court Murphy decision could have major impact on state, tribal authority 

Federal Court Dismisses Big Sandy Rancheria’s Challenge to State Tax Laws

Here are the materials in Big Sandy Rancheria Enterprises v. Becerra (E.D. Cal.):

1-complaint-6.pdf

10-1-state-treasury-mtd.pdf

11-1-state-ag-mtd.pdf

13-first-amended-complaint-2.pdf

15-1-state-ag-mtd.pdf

16-1-state-treasury-mtd.pdf

20-tribe-response-to-16.pdf

21-tribe-response-to-15.pdf

23-state-tax-dept-reply.pdf

24-state-ag-reply.pdf

44-dct-order.pdf

Florida COA Awards Attorney Fees to Miccosukee Tribe

Here is the opinion in Miccosukee Tribe v. Lewis Tein PL (Fla. Dist. Ct. App.):

opinion-3.pdf