tribal courts – Page 60

North Dakota SCT Issues Ruling on Tribal Jurisdiction

December 14, 2016December 14, 2016Matthew L.M. Fletcher

Here is the opinion in Fredericks v. Fredericks. An excerpt:

Lyndon Fredericks appeals, and Bole Resources, LLC, and others (“Bole defendants”) cross-appeal from a judgment declaring the district court had subject-matter jurisdiction over the action, reforming a quit claim mineral deed, quieting title in the mineral interests in Paul Fredericks, and ordering Lyndon Fredericks to pay the Bole defendants damages plus interest and their attorney fees. Because we conclude the district court correctly ruled it had subject-matter jurisdiction, its findings of fact are not clearly erroneous, and it did not abuse its discretion, we affirm.

Briefs here:

Appellant Brief

Appellee Brief

Reply Brief

Wash. Superior Court Refuses to Recognize Nooksack Holdover Council or Tribal Court Decisions

December 14, 2016Matthew L.M. Fletcher

Here is yesterday’s order in In re Gabriel S. Galanda:

In Re Gabriel Galanda v Nooksack Tribal Court – Whatcom County Superior Court Order Denying Nooksack Police Chief’s Motion to Vacate

Federal Court Orders Discovery from Tribal Judge on the Bad Faith Exception to the Tribal Exhaustion Doctrine

December 9, 2016December 9, 2016Matthew L.M. Fletcher1 Comment

Here are the materials in Acres v. Blue Lake Rancheria (N.D. Cal.):

8-motion-to-dismiss

18-opposition

23-reply

22-marston-declaration

30-order

The court had previously dismissed a related case, materials here.

Federal Court Dismisses Slip and Fall Suit against Casino for Failure to Exhaust Tribal Remedies

December 8, 2016December 8, 2016Matthew L.M. Fletcher

Here are the materials in Sullivan v. Harrah’s Operating Company (D.S.C.):

28-1-motion-to-dismiss

34-dct-order

Legal Guidance on Detention of Non-Indian Criminal Suspects

December 5, 2016Sarah M Donnelly

Download(PDF): Signed Memo Guidance on Legal Authority

The BIA Office of Tribal Justice issued guidance on legal authority of Tribal law enforcement to detain non-Indian offenders in Indian Country. It clarifies that if a non-Indian commits a crime in Indian country, tribal police have the authority to detain and put them in BIA detention facilities, until the status of tribal jurisdiction can be determined. If the tribe does not have criminal jurisdiction, they can be held until transferred to a federal or state prosecuting authority.