trust relationship

California Tribes Sue Interior over Failure to Contract for Law Enforcement Services under ISDEAA

Matthew L.M. Fletcher2 Comments

Here is the complaint in Hopland Band of Pomo Indians v. Salazar (N.D. Cal.):

Hopland Band v. Salazar Complaint

Federal Court Grants Wasson/Bills Motion for Preliminary Injunction in Winnemucca Leadership Dispute

Matthew L.M. Fletcher

Here is that order:

DCT Order Granting Preliminary Injunction

Prior posts are here and here and here.

Update in Shirk v. Tanakeyowma (ISDEAA Sovereign Immunity Case)

Matthew L.M. Fletcher3 Comments

Here are the federal government’s pleadings in that case (and all the rest of the materials moved here as well):

Proposed United States’ Amicus Brief

Resp to USA’s Amicus Brief

Brief of Amicus Curiae in Opposition to Pltf.’s Motion to Set Aside Judgment

USA’s Mtn to Dismiss

USA’s Reply on MTD

Order Granting Rule 60 Relief (main opinion)

Under Advisement Ruling

Notice of Appeal

 

Campbell v. Interior: FOIA Complaint regarding BIA Forced Sale of Trust Allotments at Tulalip

Matthew L.M. Fletcher

Here is the complaint.

Federal Court Denies DOJ Effort to Withhold Docs from FOIA Request under Jicarilla

Matthew L.M. Fletcher

Interesting case, in which the court rejected DOJ’s argument that it didn’t have to disclose inter-agency memos (here, between two departments in ENRD) because the agencies were in conflict. It may have ramifications, if it holds up, for post-Jicarilla trust cases if, for example, Justice and Interior (or Interior and NLRB) have opposing interests.

Here are the materials in Menasha Corp. v. DOJ (E.D. Wis.):

DCT Order Denying DOJ Motion

DOJ Motion for Summary J

Menasha Opposition

DOJ Reply

An excerpt from the opinion:

This case arises under the Freedom of Information Act (FOIA), 5 U . S.C. § 522. Plaintiffs Menasha Corporation (Menasha) and Neenah–Menasha Sewerage Commission (NMSC) allege that the Defendant, the United States Department of Justice (DOJ), refused to provide records responsive to an administrative FOIA request (submitted to the DOJ on December 17, 2010). Presently before the Court is Defendant’s motion for summary judgment which raises the question of whether lawyers at the DOJ who represent separate client agencies with adverse interests in the same litigation can share confidential information with each other without waiving attorney-client privilege, work product privilege, and the deliberative process privilege. The Court concludes that the answer is no, and therefore denies Defendant’s motion for summary judgment and orders the requested information produced.

WaPo and ICT on the Cobell Letter

Matthew L.M. Fletcher

Here is the WaPo article.

And the ICT article.

Update in Two Shields Suit: Government’s Reply in Support of its Motion to Dismiss

Matthew L.M. Fletcher

Here is the government’s reply brief in support of its motion to dismiss:

TWO SHIELDS – U.S. REPLY BRIEF (1-26-12)

Menominee CSC Claims against IHS Fail on Remand from the D.C. Circuit

Matthew L.M. Fletcher1 Comment

Here are the materials in Menominee Tribe v. United States (D. D.C.):

DCT Order Dismissing Menominee Claims

IHS Motion to Dismiss

Menominee Motion for Summary J

The D.C. Circuit materials are here. I guess we can expect a return trip.

Federal Government En Banc Petition in Samish Trust Case

Matthew L.M. Fletcher

Here.

Wyoming Public Radio Program on Wind River Tribes v. US: Audio and Transcript

Matthew L.M. Fletcher

Here.