Northern Cheyenne Tribe Sues Interior over Reservation Policing

Matthew L.M. Fletcher

Here is the complaint in Northern Cheyenne Tribe v. United States (D. Mont.):

1 Complaint.pdfDownload
1-1 Exhibit 1.pdfDownload

Law & Society Panel on Securing Indigenous Futures

Matthew L.M. Fletcher

Featuring amazing scholars — Neoshia Roemer, Heather Tanana, Lauren Van Schilfgaarde, and Dean Elizabeth Kronk Warner.

Eleventh Circuit Affirms Dismissal of Contract Claim Finding Not Waiver of Sovereign Immunity

Matthew L.M. Fletcher

Here are the materials in Evans Energy Partners LLC v. Seminole Tribe of Florida Inc.:

Evans Energy Opening Brief.pdfDownload
Tribe Answer Brief.pdfDownload
Reply.pdfDownload
Unpublished Opinion.pdfDownload
Thanks to Bill Wood for this shield (get it?).

Tenth Circuit Briefs in Hooper v. City of Tulsa

Matthew L.M. Fletcher

Here:

Hooper Opening Brief.pdfDownload
Muscogee Nation Amicus Brief.pdfDownload
Tribes Amicus Brief.pdfDownload
Tulsa Answer Brief.pdfDownload
Oklahoma Amicus Brief.pdfDownload
Reply.pdfDownload

Lower court materials here.

North Dakota DCT Dismisses Contract Claim against MHA Nation

Matthew L.M. Fletcher

Here is the order in Bird Industries Inc. v. Three Affiliated Tribes of the Fort Berthold Indian Reservation (D.S.D.):

30-dct-orderDownload

Prior post with briefs here.

Dept. of Justice [almost certainly over Interior’s objections] and Arizona File Cert Petitions in Navajo Nation Water Rights Trust Suit

Matthew L.M. Fletcher

Here is the petition in Dept. of the Interior v. Navajo Nation:

US Cert Petition.pdfDownload

Question presented:

Whether the federal government owes the Navajo Nation an affirmative, judicially enforceable fiduciary duty to assess and address the Navajo Nation’s need for water from particular sources, in the absence of any substantive source of law that expressly establishes such a duty.

Here is the petition and the partial acquiescence by Justice in Arizona v. Navajo Nation:

Arizona v. Navajo Nation Cert Petition.pdfDownload
US Response — Arizona v. Navajo Nation.pdfDownload

Questions presented:

I. Does the Ninth Circuit Opinion, allowing the Nation to proceed with a claim to enjoin the Secretary to develop a plan to meet the Nation’s water needs and manage the mainstream of the LBCR so as not to in- terfere with that plan, infringe upon this Court’s re- tained and exclusive jurisdiction over the allocation of water from the LBCR mainstream in Arizona v. California?
II. Can the Nation state a cognizable claim for breach of trust consistent with this Court’s holding in Jicarilla based solely on unquantified implied rights to water under the Winters Doctrine?

Lower court materials here.

Critical Race Theory Summer School — Indigenous Peoples Issues

Matthew L.M. Fletcher

Kim Crenshaw’s African American Policy Forum is hosting it’s third Critical Race Theory Summer School and this year for the first time will have a full week of classes focused on indigenous peoples’ issues and the intersections with Critical Race Theory and Practice.

Northern Arapaho Tribe Set for Trial in Law Firm Overbilling Suit

Matthew L.M. Fletcher

Here is the complaint in Northern Arapaho v. Baldwin Crocker & Rudd (Wyo. Dist. Ct.):

NAT v BCR complaint as filed w exhibits.pdfDownload
07-08-22 Order on Pretrial Conference – MIL.pdfDownload

Jim Thorpe Sole Winner of 1912 Olympic Medals

Kate Fort

As it was relayed to me, “a modicum of good news on a Friday,” which seemed reason enough to post.