Mississippi Federal Court Declines to Disqualify AUSA Who Once Worked in Choctaw Tribal Court and Stood for Criminal Defendant at Tribal Arraignment

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

1 Complaint

15 Motion to Recuse

29 Response

31 Reply

34 Magistrate Order Denying Motion to Recuse

35 Motion to Revoke

39 DCT Order

Sauk-Suiattle Tribe Brings Rights of Nature Claims against City of Seattle in Tribal Court over Skagit River Dams

Here is the complaint in Sauk-Suiattle Indian Tribe v. City of Seattle (Sauk-Suiattle Tribal Court):

SAU-CIV-01-22-001 Civil Complaint

SAU-CIV-01-22-001 Summons

Kekek Stark on Anishinaabe Law

Kekek Jason Stark has published “Anishinaabe Inaakonigewin: Principles for the Intergenerational Preservation of Mino-Bimaadiziwin” in the Montana Law Review. PDF

I cannot recommend this paper enough. It’s exactly the kind of paper I’ve been waiting for — waiting for a very long time. Miigwetch to Professor Stark for this incredible work. The ancestors would be proud.

Denezpi v. United States Background Materials

Merits Stage Materials

National Association of Criminal Defense Lawyers Amicus Brief

US Brief

NIWRC & NCAI Amicus Brief

Scholars Amicus Brief

States Amicus Brief

Tribal Governments Amicus Brief

Cert Stage Materials

Cert Petition

Appendix

United States’ Brief in Opposition

Tenth Circuit Materials

United States v Denezpi Tenth Circuit Opinion

Denezpi Opening Brief

US Answer Brief

Reply Brief

District Court Materials

1 Indictment

1-1 Criminal Information Sheet

14 DCT Detention Order

29 Denezpi Motion to Dismiss

29-1 CFR Pleadings

30 US Response

31 Reply

31-1 CFR Court Forms

32 DCT Order Denying Motion to Dismiss on Double Jeopardy Grounds

Oklahoma Federal Court Dismisses Nonmember Company’s Objection to Tribal Court Jurisdiction

Here are the materials in Monster Tech. Group v. Eller (W.D. Okla.):

1 Complaint

1-1 Agreement

1-2 AAA Petition

1-3 Iowa Tribal Court Injunction

4-1 Monster Group Motion

5 DCT Order Dismissing Complaint without Prejudice

7-1 Motion for Reconsideration

8 DCT Order Denying Reconsideration

California COA Decides Acres v. Marston

Here is the opinion:

Briefs:

Keep in mind as to this case and the related Ninth Circuit case we posted a while ago here, this is about a nonmember sued by a tribe in tribal court for breach of contract, a nonmember who won before the tribal court, and now is suing the tribal judges, tribal employees, and the lawyers for the tribe for racketeering because the nonmember believes there was a conspiracy against him. The only reason this case exists is because of the Lewis v. Clarke decision (preceded by Ninth Circuit cases) that holds individuals who work for tribes sued in their individual capacities are not immune. Even if the nonmember’s claim here has validity (seems very unlikely but who knows?), this case is definitive proof that the Lewis v. Clarke precedent will allow absolutely frivolous contract and other claims to proceed against tribes on the Lewis v. Clarke fiction that tribal employees sued in their individual capacity are somehow not engaged in tribal governmental activity and that the tribes that indemnify their employees are doing so for reasons unrelated to tribal governmental prerogatives. Here, we’re talking tribal judges (including an associate judge who was not assigned the case), a court clerk, and lawyers retained by the tribe to merely serve as counsel for the tribe, among others. They might all win below, as the court here suggests, but they have to make the correct arguments in what appears to be a game of whack-a-mole.

Montana Federal Court Denies Nonmember Holdover Tenant’s Effort to Avoid Tribal Court

Here are the materials so far in Eagle Bear Inc. v. Blackfeet Indian Nation (D. Mont.):

1 Complaint

1-3 Blackfeet Tribal Court Complaint

5 Motion for Preliminary Injunction

14 Response to 5

15 Reply

22 Motion to Dismiss

25 Response

26 Reply

27 DCT Order