Federal Court Rejects United Houma Band Effort to Save Historic Daigleville School

Here are the materials in United Houma Nation Inc. v. Terrebonne Parish School Board (E.D. La.):

1 Complaint

4-1 Motion to Dismiss

11 Motion for Injunction

13 Supplemental Complaint

15 Response to 11

28-1 Motion to Dismiss

30 Response to 28

31 DCT Order

New Update in Adams v. Elfo [Nooksack Habeas Matter]

Here are new materials in Adams v. Elfo (W.D. Wash.):

56 Motion for Reconsideration

60 Response

62 DCT Order Remanding Motion to Magistrate

65 Nooksack Brief

66 Tribal Judge Brief

67 Adams Brief

69 Magistrate Report

70 Adams Objections

72 Tribe Response

73 Tribal Court Response

74 DCT Order

Prior post here.

 

Native American Law Library Bulletin (6/3/2021)

Here:

We have scoured the web. Here are some of the latest materials related to Indian Law. Find all of the latest updates at https://narf.org/nill/bulletins/

U.S. Supreme Court Bulletin
http://www.narf.org/nill/bulletins/sct/2020-2021update.html
One case was decided this week on 6/1/21:

  • United States v. Cooley (Indian Civil Rights Act; Tribal Police; Exclusionary Rule)

Federal Courts Bulletin
https://www.narf.org/nill/bulletins/federal/2021.html

  • Kalispel Tribe of Indians v. Department of the Interior (Trust Responsibilities; IGRA)
  • Chemehuevi Indian Tribe v. United States (Bureau of Indian Affairs; 638 Contract)

State Courts Bulletin
https://www.narf.org/nill/bulletins/state/2021.html

  • Makah Indian Tribe v. Commissioner of Public Lands (Treaty Rights)

U.S. Legislation – 117th Congress Bulletin
https://narf.org/nill/bulletins/legislation/117_uslegislation.html

  • S.1868 – A bill to amend the Child Abuse Prevention and Treatment Act to require that equitable distribution of assistance include equitable distribution to Indian Tribes and Tribal organizations, to increase amounts reserved for allotment to Indian Tribes and Tribal organizations under certain circumstances, and to reserve amounts for migrant programs under certain circumstances, and to provide for a Government Accountability Office report on child abuse and neglect in American Indian Tribal communities.
  • S.1880/S.1897 – A bill to direct the Federal Trade Commission to submit to Congress a report on unfair or deceptive acts or practices targeted at Indian Tribes or members of Indian Tribes, and for other purposes.
  • S.1895 – A bill to require the Secretary of Health and Human Services to award additional funding through the Sanitation Facilities Construction Program of the Indian Health Service, and for other purposes.
  • S.1901 – A bill to amend the Act of June 18, 1934, to reaffirm the authority of the Secretary of the Interior to take land into trust for Indian Tribes, and for other purposes.
  • S.1911 – A bill to provide for the settlement of the water rights claims of the Fort Belknap Indian Community, and for other purposes.
  • S.1951 – A bill to make additional Federal public land available for selection under the Alaska Native Vietnam era veterans land allotment program, and for other purposes.
  • S.1957 – A bill to establish digital services in State, county, local, and Tribal governments, and for other purposes.
  • H.R.3587 – To prescribe procedures for effective consultation and coordination by Federal agencies with federally recognized Tribal Governments regarding Federal Government actions that impact Tribal lands and interests to ensure that meaningful Tribal input is an integral part of the Federal decision-making process.
  • H.R.3649 – To extend Federal recognition to the Mono Lake Kutzadikaa Tribe, and for other purposes.

Law Review & Bar Journal Bulletin (contact us if you need help finding a copy of an article)
https://www.narf.org/nill/bulletins/lawreviews/2021.html

  • Cultural competency and the law: Productive justice for American Indians.
  • Mitigating disparities in access to healthcare among Native American communities through telehealth.
  • The reasonable Indigenous youth standard.
  • Indiana’s Indian laws: Indigenous erasure and racism in the land of the Indians.

News Bulletin
https://www.narf.org/nill/bulletins/news/currentnews.html
This week, in brief:

  • Court unanimously holds that Indian tribes retain the inherent power to police non-Indians
  • President’s 2022 budget includes increases in funding for Indian Country, including a 36% increase for Indian Health Service
  • Choctaw Nation taking first steps to grant citizenship to Freedmen
  • San Carlos Apache Tribe nearly halts spread of coronavirus
  • Treaties offer new aid in environmental fights
  • Vaccine information available in Native languages
  • Chair Grijalva introduces RESPECT Act to establish and require government-to-government consultation between federal agencies, tribal leaders
  • The Karuk used fire to manage the forest for centuries. Now they want to do that again
  • Freedmen’s effect on Black Wall Street
  • Diné historian strengthens history of traditional matriarchal leadership

Tenth Circuit Issues Decision Favoring US in 2016 Dog Head Fire at Isleta Pueblo

Here is the opinion in Ohlsen v. United States.

Briefs:

Opening Brief

US Brief

Reply

An excerpt:

In the summer of 2016, a large fire, later known as the Dog Head Fire, engulfed Isleta Pueblo and United States Forest Service land in the Manzano Mountains of New Mexico. By the time it was extinguished, the fire had burned several thousand acres of land. The fire resulted from forest-thinning work performed by Pueblo crewmembers under an agreement with the Forest Service. The partnership to thin the forest arose after numerous fires had beset the surrounding areas.

Insurance companies and several owners of destroyed property (collectively, “Appellants”) sued the government, alleging negligence under the Federal Tort Claims Act (“FTCA”). Their negligence claims fell into two categories: the government’s own negligence arising from acts of Forest Service employees, and the government’s negligence arising from acts of the Pueblo crewmembers. The government moved to dismiss, arguing that the court lacked jurisdiction and, alternatively, for summary judgment on that same basis. The district court granted the government summary judgment. First, the court concluded that the Pueblo crewmembers had acted as independent contractors of the government, and thus, the government wasn’t subject to FTCA liability based on the Pueblo crewmembers’ negligence. Additionally, the court barred these claims under the FTCA’s administrative-exhaustion requirement. Second, the court barred Appellants’ claims premised on the Forest Service employees’ own negligence, under the FTCA’s discretionary-function exception.

On appeal, Appellants contend that the district court erred in ruling that the FTCA jurisdictionally barred their claims. We disagree. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.

Ninth Circuit Issues Decision in US v. Washington Subproceeding 11-02 [Lummi U&A]

Here.

Briefs here.

Friday Job Announcements

To post an open Indian law or leadership job to Turtle Talk, send the following information to indigenous@law.msu.edu:

  1. In the email body, a typed brief description of the position which includes
    1. position title,
    1. location (city, state),
    1. main duties,
    1. closing date,
    1. and any other pertinent details such as links to application;
  2. An attached PDF job announcement.

Pokagon Band of Potawatomi

Peacekeeping Coordinator, Dowagiac, MI. Part-time hourly and 16 hours a week estimated to begin. Responsible for development, implementation, and support of Pokagon Peacemaking initiatives undertaken by the Court under the guidance of the Chief Judge and Court Administrator. Closing date is 6/11/21. Apply for Peacemaking Coordinator here.

Tulalip Tribal Court

Civil Legal Aid Attorney, Tulalip, WA. Seeking practicing attorney with at least 2 years of experience in either representing clients in civil cases, working in civil legal aid, and/or representing Indian tribal members in tribal courts. For more information, please see the job description. Application closes June 11th, 2021.

JUDICIAL BRANCH OF THE NAVAJO NATION

Staff Attorney, Chinle Judicial District, Chinle AZ. This position provides complex legal advice and guidance, conducts legal research, and drafts legal documents in support of judges and other court staff. For more information, please see the position description or to apply, visit http://www.courts.navajo-nsn.gov/vacancies.htm. This position is open until filled.

Staff Attorney, Aneth Judicial District, Aneth, UT. This position provides complex legal advice and guidance, conducts legal research, and drafts legal documents in support of judges and other court staff. For more information, please see the position description or to apply, visit http://www.courts.navajo-nsn.gov/vacancies.htm. This position is open until filled.

Staff Attorney, Kayenta Judicial District, Kayenta, AZ. This position provides complex legal advice and guidance, conducts legal research, and drafts legal documents in support of judges and other court staff. For more information, please see the position description or to apply, visit http://www.courts.navajo-nsn.gov/vacancies.htm. This position is open until filled.

District Court Judge, Judicial District Court, Navajo Nation Wide. The District Court Judge is responsible in presiding over civil, criminal and family court cases; provides policy direction and guidance in the operation of the Judicial District.  For more information, please see the position description or to apply, visit http://www.courts.navajo-nsn.gov/vacancies.htm. This position is open until filled.  

The Pechanga Band of Luiseno Indians

Senior Associate General Counsel, Temecula, CA. Works under the direct supervision of the General Counsel. Provides strategic legal advice and counsel to the Pechanga Band of Luiseño Indians and all of its governmental and commercial entities to advance compliance with applicable laws, and minimize legal risk to the Tribe and its assets. Application is open until filled.  Direct Link to position here. For more information plezse see the position description.  

In-House Attorney II. Under the administrative direction of the Tribal Executives, the In-House Attorney II performs general legal work, including but not limited to general legal advice to Tribal Council, departments, agencies, boards and committees; representation in Tribal, State, and Federal Courts and hearings; writing, development, and revision of codes; and legal research. 

Sisseton Wahpeton Oyate

Paralegal – Legal Department. Under the direction of the Sisseton-Wahpeton Oyate Legal Department’s two In-House Attorneys, the incumbent provides legal support to the Legal Department. This position is expected to assist with the preparation of court filings for the Indian Child Welfare Act cases and other litigation as needed.  Individual will also assist with the scanning and organization of legal files for all ongoing legal work within the Tribal government, including contract files, legislative drafting, correspondence and litigation files.

Public Defender, Contract/ SWO Tribal Public Defender. Times flexible; 2-3 days a week. It is the duty of the SWO Public Defender to represent indigent defendants charged with crimes within the boundaries of the Lake Traverse Reservation. The attorney should have experience in criminal defense, filing pretrial motions, representing their client at all stages of the proceeding, and conducting bench and jury trials. This individual will assist with representing parents in all juvenile cases including but not limited to child abuse, neglect, and dependency, unruly and delinquent cases. The SWO Public Defender should be familiar with the Indian Child Welfare Act, and should be able to understand motions to intervene and or transfer from State Court ICWA proceedings.

Hoopa Valley Tribe

Associate Tribal Attorney, Hoopa, CA. The Associate Tribal Attorney will serve in the Office of Tribal Attorney and will provide a broad range or legal services to the Hoopa Valley Tribal Council, Chairperson, tribal departments and entities, including consultation, research, drafting, representation in administrative proceedings, and other duties as assigned. Deadline to apply is June 10, 2021. Link to required employment application here.

Senior Tribal Attorney, Hoopa, CA. The Senior Tribal Attorney administers and supervises the Office of Tribal Attorney and will provide a broad range or legal services to the Hoopa Valley Tribal Council, Chairperson, tribal departments and entities, including consultation, research, drafting, representation in administrative proceedings, and other duties as assigned. Deadline to apply is June 14, 2021. Link to required employment application here.

Center for Court Innovation

Senior Program Manager, Technical Assistance, New York City, NY or Remote. Work with tribal, county, and state jurisdictions; Develop a broad range of subject matter expertise around tribal justice projects and community justice projects, including but not limited to community courts, healing to wellness courts, and treatment courts, strategic planning, alternatives to incarceration, juvenile justice, corrections and reentry, tribal-state relationships, and other problem-solving initiatives; Help lead the planning and coordination of roundtables and national events; and more. Closing Date – June 21st. Application Link here.

Colville Confederated Tribes

Managing Attorney Public Defender’s Office, Nespelem, WA. The basic functions will include Represents Tribal members in criminal matters in Colville Tribal Court and Court of Appeals. Represents Tribal indigent parents in dependency matters related to Colville Tribal Children’s Court. Open Until Filled and the next Review Date is June 25th, 2021. More information here and in the attached job description.

The Saint Regis Mohawk Tribal Court

Tribal Court Administrator, Akwesasne, NY. Under the direction of the Chief Judge, the Tribal Court Administrator is responsible for implementing the vision, mission, and strategic plan of the Saint Regis Mohawk Tribal Court. The Court Administrator is also responsible for assisting the Chief Judge with providing an independent and separate judicial branch for the Saint Regis Mohawk Tribe. The Court Administrator ensures the Tribal Court follows the best practices of a trauma informed Court. The Court Administrator is responsible for overseeing the provision of court services and manages the general operation of the Court. The applicants must be familiar with online platforms such as Microsoft teams in order to appear for the interview. Each applicant is required to submit a resume and a writing sample that may include but not limited to a professional letter or memo and be prepared for testing in the applicable skills as part of the interview process. Applicants must apply by no later than June 30, 2021.

Quinault Indian Nation

RFP. The Quinault Indian Nation is soliciting proposals for a consultant to advise and assist with strategy and grant writing related to the tribal provisions of the American Rescue Plan Act of 2021 (ARP). The Quinault Indian Nation seeks to leverage the ARP to the fullest extent to ensure self-sufficiency and tribal sovereignty. It is anticipated that the delivery of services under the contract will begin on July 1, 2021.


See previous posts.

NYTs: “The Promise and Pressures of Deb Haaland, the First Native American Cabinet Secretary”

Here.

Save the date! ILPC/TICA 18th Annual Indigenous Law Conference

Join us November 4-5, 2021 with November 3 pre-conference activities. PDF save the date flyer here.

Registration is coming soon, you can check www.indigenouslawconference.com for updates.

None of us are quite sure what the remainder of 2021 will bring, or whether we will be able to host an in-person conference, remain virtual, or do some other hybrid; but please mark your calendars for the annual Fall Conference.

Liz Reese Commentary on Cooley Decision

From SCOTUSBlog, here is “Court unanimously holds that Indian tribes retain the inherent power to police non-Indians.”

Decision and materials here.

Ninth Circuit Decides Kalispel Tribe of Indians v. Dept. of the Interior

Here.

Briefs here.