South Dakota Federal Court Orders Tribal Exhaustion in Wrongful Death Suit against Rosebud Tribal Police, Feds Dismissed from Suit

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

1 Complaint

20 Atman Motion to Dismiss

23 US Motion to Dismiss

26 Romero Motion to Dismiss

31 Response

33 US Reply

34 Atman Reply

37 Romero Reply

42 DCt Order

Oglala Sioux Tribe Demands Immediate Funding for Law Enforcement

Here are updated materials in Oglala Sioux Tribe v. United States (D.S.D.):

Prior post here.

Grant Christensen on Cooley and Tribal Law Enforcement

Grant Christensen has posted “Getting Cooley Right: The Inherent Criminal Powers of Tribal Law Enforcement,” forthcoming in the UC Davis Law Review, on SSRN.


While the Supreme Court regularly decides cases defining the limits of the criminal jurisdiction of tribal courts, when it heard United States v. Cooley in 2021 it had not decided a case about the procedural powers of tribal law enforcement in more than a century. Across more than five decades lower courts at all levels struggled to decide whether the inherent criminal powers of tribal law enforcement are coterminous with the jurisdiction of tribal courts or whether tribal officers may have their own set of inherent powers distinct from the power to prosecute. This Article examines the inconsistent split in authority that existed before Cooley and anticipates the future misreading of inherent criminal power by lower courts. It argues that now that the Court has divorced the inherent criminal power of tribal law enforcement from the criminal jurisdictional power of tribal courts, tribal officers may stop, detain, search, and investigate anyone whose criminal conduct poses a danger to the health and welfare of the tribal community. The Article bolsters its application by using the first cases decided by lower courts in the post-Cooley era as artifacts to examine the full implications of the recognition of inherent criminal power exercised by tribal law enforcement.

D.C. Federal Court Rejects FBI Reasons for Not Acknowledging Cayuga Nation Police

Here are the materials in Cayuga Nation v. United States (D.D.C.):

1 Complaint

12 Amended Complaint

16-1 US Motion for Summary J

20 Cayuga Cross Motion

22 US Reply

24 Cayuga Reply

The FBI’s decision had a lot to do with this. . . .

South Dakota Federal Court Dismisses ICRA Claims (again) against Oglala Tribal

Here are the materials in Stanko v. Oglala Sioux Tribal Public Safety Division (D.S.D.):

1 Complaint

7-2 Tribal Exclusion Order

8 Motion for PI

8-1 Tribal Bench Warrant

11 DCT Order

Prior suit here.

Wassaja, Aug. 1976

Federal Court Dismisses Suit against Ysleta del Sur Pueblo Police over Off-Reservation, Pretextual Stop

Here are the materials in Holguin v. Ysleta del Sur Pueblo (W.D. Tex.):

1 Notice of Removal

1-1 Complaint

4 Motion to Dismiss

5 Motion to Remand

7 Tribe Response to 5

9 DCT Order Denying Remand

12 Response to 4

15 Reply in Support of 4

18 Surreply

19 DCT Order