trust relationship

CFC Rules that Federal Police Officer Did Not Shoot Ute Tribal Member [Bad Men Clause Claim]

Matthew L.M. Fletcher

Here are the trial materials in Jones v. United States (Fed. Cl.):

223 Jones Pre-Trial Brief.pdfDownload
227 US Pre-Trial Pleading.pdfDownload
260 US Post-Trial Pleading.pdfDownload
261 Jones Post-Trial Pleading.pdfDownload
268 Opinion.pdfDownload

Prior post here.

Federal Circuit Allows Some Aspects of Ute Water Rights Breach of Trust Claim to Proceed

Matthew L.M. Fletcher

Here are the materials in Ute Indian Tribe v. United States:

Opinion.pdfDownload
Opening Brief.pdfDownload
Answer Brief.pdfDownload
Reply.pdfDownload

Lower court materials here.

Oglala Sioux Tribe Sues Over Law Enforcement

Matthew L.M. Fletcher

Here is the complaint in Oglala Sioux Tribe v. United States (D.S.D.):

1 Complaint

Robin Kundis Craig on Sackett + Navajo + Montana

Matthew L.M. Fletcher

Robin Kundis Craig has posted “Tribes and Water in the Wake of Navajo Nation and Sackett: Treaties, Winters, Montana, and Rights of Nature,” forthcoming in the William & Mary Environmental Law and Policy Review, on SSRN.

Here is the abstract:

As headlines over the last decade have made clear, people in the United States can no longer afford to take fresh water for granted. In the midst of increasing issues regarding both water quality and water quantity (allocation), Tribes are playing an ever-more-active role in the Nation’s water management. This Article provides an overview of the contemporary legal landscape governing tribal authority over water, emphasizing two recent Supreme Court decisions: Sackett v. Environmental Protection Agency (May 2023), in which the Supreme Court cut back on the Clean Water Act’s jurisdictional reach, and Arizona v. Navajo Nation, in which the Court held that the federal government has no trust duty to help Tribes get water.

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South Dakota Federal Court Finally Resolves Matter Arising from Federal Government’s Impoundment of Livestock at Pine Ridge Way Back in 2015 and 2016

Matthew L.M. Fletcher

Here are the materials in Temple v. Roberts (D.S.D.):

180-1 Oglala Sioux Tribal Court Decision

213 Federal Trial Brief

215 Temple Pre-Trial Brief

228 DCT Order

Prior post here.

Pretty sure these dudes didn’t have anything to do with this case, but they look cool — Ed Red Owl, Jerry Flute and Elijah Back Thunder

SCOTUS Grants and Consolidates Indian Health Service Cert Petitions on Contract Support Costs for Third Party Income

Matthew L.M. Fletcher

Here was yesterday’s order list.

The petitions are here.

CFC Allows Cheyenne River Sioux Tribe Trust Breach Claim to Proceed

Matthew L.M. Fletcher

Here are the materials so far in Cheyenne River Sioux Tribe v. United States (Fed. Cl.):

13 Amended Complaint

83 US Motion for Summary J

95 CRST Response

98 Reply

112 DCT Order

Heather Tanana to Speak at UMLS Next Week

Matthew L.M. Fletcher

Utah Federal Court Dismisses Ute Water-Related Breach of Trust Claims

Matthew L.M. Fletcher

Here are the materials in Ute Indian Tribe v. Dept. of the Interior (D. Utah):

199 Water District Motion to Dismiss

200 US Motion to Dismiss

201 Utah Motion to Dismiss

207 Response to Water District Motion

208 Response to State Motion

210 Response to US Motion

214 Utah Reply

215 US Reply

216 Water District Reply

244 DCT Order

Prior post here.

United States Seeks SCOTUS Review of Decisions Awarding Contract Support Costs to Tribal Health Clinics

Matthew L.M. Fletcher

Here is the petition in Beccera v. Northern Arapaho Tribe:

US v NAT Cert Petition.pdfDownload

Question presented:

Whether IHS must pay “contract support costs” not only to support IHS-funded activities, but also to support the tribe’s expenditure of income collected from third parties.

Lower court materials here.

Here is the petition in Beccera v. San Carlos Apache Tribe:

US v San Carlos Apache Cert Petition.pdfDownload

The question presented is the same in both cases.

Lower court materials here.