First Circuit Affirms Interior Decision to Acquire Trust Land for Mashpee Wampanoag

Matthew L.M. Fletcher

Here is the opinion in Littlefield v. Dept. of the Interior.

Briefs and other materials here,

Berkhofer Lecture — Angeline Boulley — November 2, 2023

Matthew L.M. Fletcher

Tribal Law Journal Symposium on the 200th Anniversary of Johnson v. McIntosh — November 9, 2023

Matthew L.M. Fletcher
final – tlj symposium 2023.pdfDownload

Tenth Circuit Decides Challenge to Indian Status of Cherokee Citizen Victim in Indian Country Crimes Act Case

Matthew L.M. Fletcher

Here is the opinion in United States v. Walker.

Briefs:

Opening Brief

US Answer

Reply

Texas Federal Court Dismisses Title VII Suit against Alaska Regional Corp.

Matthew L.M. Fletcher

Here are the materials in Balli v. Akima Global Services LLC (S.D. Tex.):

1 Complaint.pdfDownload
5 Motion to Dismiss.pdfDownload
8 Response.pdfDownload
9 Reply.pdfDownload
14 Magistrate Report.pdfDownload
15 Objections.pdfDownload
16 Response.pdfDownload
17 DCT Order.pdfDownload

Sarah Crawford, Reneau J. Longoria and Heather Whiteman Runs Him on 2023’s Major SCOTUS Decisions

Matthew L.M. Fletcher

Sarah Crawford, Reneau J. Longoria and Heather Whiteman Runs Him have published “Decisions Impacting Indian Country in the 2023 Supreme Court Term” in the Montana Lawyer.

SCOTUS Denies Stay in West Flagler Suit

Matthew L.M. Fletcher

Here are the materials in West Flagler Associates Ltd. v. Haaland:

Application for Stay

Federal Response

Order Denying Stay + Kavanaugh Statement

Seminole Letter

Lower court materials here.

Seneca-Cayuga Sued for Political Banishments

Matthew L.M. Fletcher

Here are the materials so far in Channing v. Seneca-Cayuga Nation (N.D. Okla.):

2 Complaint

8-1 Bill Fisher Dec

Comment Deadline to Feds on ICWA Needs Extended to January 12

Kate Fort

This extension is regarding the letter in this post.

The Administration (DOI, HHS, and DOJ) are asking for input on the following:

What additional supports would Tribal leaders find helpful to build their Tribe’s capacity to exercise their rights and responsibilities under ICWA?  

Are there specific supports you believe the federal government could provide to help state courts and child welfare agencies meet their obligations under ICW A? 

In your experience, are there specific aspects or requirements of ICWA where state courts and agencies need to build greater understanding or capacity? 

Are there existing State-Tribe collaborative partnerships or processes that you believe have helped support effective implementation ofICWA? 

icwa_dear_tribal_leader_letter_to_extend_comment_deadline_enrd_comment_hhs.doj_.doi_final_10.06.23Download

California COA Affirms Application of Sovereign Immunity in Employment Termination Dispute

Matthew L.M. Fletcher

Here is the unpublished opinion in Mapp v. Viejas Band Of Kumeyaay Indians (Cal. Ct. App.):

Opinion.PDFDownload

An excerpt:

Mapp’s claims in this case relate to his employment by the Band and its potential termination based on the Band’s provision of a conditional license via its officials. He seeks to allege a violation of Family Code section 5290, which permits assessment of a civil penalty against an “employer” for specified conduct.9 That remedy and any judgment would be expressly against the Band. Mapp’s other damages related to negative employment decisions likewise would effectively obligate the Band, not personally the individuals who were implementing the Band’s gaming license rules and conditions. In short, the Band is the real party in interest, and sovereign immunity extends to the individual defendants.