Semi-Split Tenth Circuit Decides Chegup v. Ute Indian Tribe of the Uintah and Ouray Reservation [banishment]

Here is the opinion.

Briefs here.

An excerpt:

We begin by discussing the tribal exhaustion doctrine involved in this case. “[W]hen a federal court has subject-matter jurisdiction over a claim arising in Indian country over which a tribal forum has colorable jurisdiction, principles of comity and the federal policy of promoting tribal self-government generally require that the plaintiff fully exhaust tribal remedies before proceeding in federal court.” Restatement of the Law of Am. Indians § 59 cmt. a (Am. Law Inst., Proposed Final Draft 2021).

slip op. at 14.

Maybe a little more Restatement. . . .

Post–Santa Clara Pueblo, federal review has been limited to habeas, leaving tribal courts to adjudicate any other civil rights claims. See Restatement of the Law of Am. Indians § 16 cmt. a (“With the exception of actions for habeas corpus relief [under § 1303, ICRA’s civil rights] guarantees are enforceable exclusively in tribal courts and other tribal fora.”).

slip op. at 21.
Ute Indians camped at Belle Fourche, South Dakota, who are dissatisfied with their treatment: Capt. Johnson, with the Sixth Cavalry from Ft. Meade, S.D., addressing Indians, who they were sent to arrest

And more. . . .

Tribal exhaustion doctrine exists to preserve tribal sovereignty and prevent the federal courts from running roughshod over tribal legal systems. See Norton, 862 F.3d at 1243; Restatement of the Law of Am. Indians § 28 cmt. a (“[A]djudication of matters impairing reservation affairs by any nontribal court . . . infringes upon tribal law-making authority, because tribal courts are best qualified to interpret and apply tribal law.”).

Slip op. at 34.

Ninth Circuit Affirms Crow Jurisdiction over Utility

Here is the unpublished opinion in Big Horn County Electric Cooperative v. Big Man.

Briefs here.

Lower court materials here.

Crow Fair, Crow Agency, Montana: processions and regalia, 1979

Minnesota Federal Court Declines to Suppress Red Lake Tribal Criminal Defendant’s Uncounseled Statements to FBI and Uncounseled Tribal Court Plea

Here are the materials in United States v. Begay (D. Minn.):

MCN Supreme Court Decides Thlopthlocco Tribal Town v. Anderson

Annual Report of Extension and Industry, Five Civilized Tribes, Muskogee, OK, 1940

Ninth Circuit Briefs in Eagle Bear Inc. v. Blackfeet Indian Nation

Babb Indian Rodeo, Blackfeet Indian Reservation of Montana, 1979

Here:

Lower court materials here.

Ninth Circuit Decides Adams v. Dodge [Nooksack]

Here is the unpublished opinion.

Briefs are here.

Sauk-Suiattle Moves to Dismiss Seattle’s Federal Court Effort to Prevent Tribal Court Proceeding to Continue

Here is the motion to dismiss in City of Seattle v. Sauk-Suiattle Tribal Court (W.D. Wash.):

Prior post here.

Ninth Circuit Argument in Big Horn County Electric v. Big Man

Here:

Briefs are here.

One of my favorite people, Melody McCoy, a Cherokee citizen and Michigan alum, argued for the respondents. Izhaadaa giizhigowande!

Continue reading

City of Seattle Sues to Stop Sauk-Suiattle Tribal Court Suit over Rights of Nature

Here are the materials in City of Seattle v. Sauk-Suiattle Tribal Court (W.D. Wash.):

Sauk-Suiattle Canoe Racers

2 Complaint

2-1 Exhibit A

2-2 Exhibit B

2-3 Exhibit C

2-4 Exhibit D

2-5 Exhibit E

2-6 Exhibit F

2-7 Exhibit G

2-8 Exhibit H

2-9 Exhibit I

2-10 Exhibit J

2-11 Exhibit K

Tribal court suit here.

Coyote Band of Pomo Indians Brings Suit in Federal Court to Stop State Court Jurisdiction in Favor of Tribal Court

Here are the materials so far in Coyote Band of Pomo Indians v. Findleton (Calif. Ct. App.):

9 Motion for Preliminary Injunction

26 First Amended Complaint

27 Motion for TRO

Update (3/8/2022):

41 Bank Opposition to Motion for PI

42-1 Findleton Motion to Dismiss

43 Findleton Opposition to Motion for PI

44 Findleton Opposition to Motion to Deposit Property

49-1 Bank Motion to Dismiss

51 Judge Opposition

56 Judge Motion to Dismiss

58 Reply

58 Tribe Reply in Support of Motion for PI

59 Tribe Reply in Support of Motion to Deposit Property