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

Images from the Mason NALSA Talk

Thanks again to Ali Slader for organizing. Full comic here.

Native Families and COVID-19

Here.

Native youth have suffered the highest rate of caregiver loss from the pandemic—4.5 times higher than that of White children. This means that 1 of every 168 Native children have lost their primary caregivers to COVID, as compared with 1 of every 310 Black children, 1 of every 412 Hispanic children, and 1 in every 753 White children.

Thanks to Fred Fisher to sending this on to us.

Oklahoma Tax Commission Opinion Rejecting McGirt-Based Tax Immunity

Here:

OTC-order-2021-12-08-04

Related news coverage.

Ninth Circuit Briefs in Section 1983 Suit against Warm Springs Tribal Police

Here are the briefs in Weaver v. Gregory:

Opening Brief

Answer Brief

Tribal Amicus Brief

Lower court materials here.

Update in Suit against Nome Police for Failure to Investigate Sexual Assault against Native Woman

Here are updated materials in Hardy v. City of Nome (D. Alaska):

36 Harvey Motion to Dismiss

41 Response

42 Reply

45 DCt Order on Motion to Dismiss

64 Hardy Motion to Compel

66 Response

67 Reply

72 DCT on Motion to Compel

74 Hardy Motion for Sanctions

75 Response

80 Reply

92 Hardy Supplemental Brief

95 Nome Motion to Dismiss

The complaint is posted here.

SCOTUS Denies More Oklahoma Petitions, Still Holding on Brackeen, Yakama, and Standing Rock Petitions

Order list here. Prior post detailing the other petitions here.

Suquamish Indians waiting . . .

Here are the materials in Oklahoma v. Davis, a petition in which Oklahoma only asked to overrule McGirt:

Oklahoma v Davis Petition

Davis BIO

MCN Amicus Brief

Reply

There are a bunch more denials of Oklahoma’s brilliant papering strategy (we’ll post materials later, cuz we have lives and Tribal Law won’t teach itself  . . . or will it?):

Oh and because we can’t have nice things, the Court granted the Harvard affirmative action case, too.

Connecticut Supreme Court Briefs in State Law Preemption Case [Non-Indian Vendors on Mashantucket Lands]

Here are the materials in Soloniewicz v. Sugar Factory LLC (Conn. S. Ct.):

Appellant Brief

Soloniewicz Brief

Sugar Fox Reply Brief

AG Amicus Brief

 

Ninth Circuit Briefs in Challenge to Arizona School District Ban on Beaded Graduation Cap

Here are the materials in Waln v. Dysart School District:

Opening Brief

Answer Brief

Oklahoma Court of Criminal Appeals Decides Indian Status Case

Here are the materials in Wadkins v. State of Oklahoma (Okla. Cr. Crim. App.):

Motion to Vacate

Appellant Brief

State Brief

OCCA Opinion

An excerpt:

The State’s evidence did not refute Wadkins’s evidence of recognition in any meaningful way. The State called one witness, namely Michael Williams, a special agent with the Department of Corrections with expert knowledge of the current prison gangs. Williams testified that the UAB is a white supremacist gang. While there are presently five to ten Native American gangs, he admitted the only Indian gang in existence when Wadkins first went to prison was the Indian Brotherhood. He was unaware of any present affiliation between the UAB and Indian Brotherhood gangs, but admitted gangs sometimes align. He confirmed that DOC records reflected that Wadkins is a former member of the UAB and that Wadkins’s UAB tattoos have been defaced. His testimony neither refuted Wadkins’s evidence of tribal recognition nor showed Wadkins’s membership in the UAB was a renouncement of his Indian status.
The district court’s conclusion–that Wadkins failed to establish recognition–is not supported by the record. While eligibility for tribal membership alone is insufficient to prove recognition, Wadkins’s subsequent enrollment coupled with the other factors, specifically his possession of a CDIB card since childhood and receipt of Indian health services, showed he was recognized as Indian by the Choctaw Nation. Because he is an Indian for purposes of federal criminal law and the charged crimes occurred in Indian Country, the State lacked jurisdiction over this matter.