Updates in Free v. Dellinger

On July 25, 2018, the Northern District of Oklahoma granted motions to dismiss Free v. Dellinger, a dispute about gaming activities on land the Muscogee (Creek) Nation owns, for failure to exhaust tribal remedies. Please see below:

32 Opinion and Order

Please see additional case pleadings here.

VAWA Reauthorization 2018

The Violence Against Women Act Reauthorization Bill has been introduced today in the House by Representative Sheila Jackson Lee.

Full text of bill available Final–VAWA 2018 copy

Press Release from Congresswoman Sheila Jackson Lee here

In addition, the National Indigenous Woman’s Resource Center (NIWRC) is leading a social media campaign to promote support for the reauthorization. Below is a sampling of the information from NIWRC.

SOCIAL MEDIA

NIWRC has developed a social media campaign. All of the insta/twitter/posters you need are attached to this email!!! Please post and tag @NIWRC 

Additionally, there are some social media hashtags for today and going forward that you can use from the National movement: #VAWA4ALL and #VAWA2018. If you tag NIWRC, we will retweet/reinstagram/repost! Because this bill includes needed protections for Native women, NIWRC will also be using #TribalVAWA and #VAWA4Natives. 

 

Sample TWEETS for Introduction of Bill: 

A Braid of Safety for All! Protect Native Survivors…Reauthorize the Violence Against Women Act @NIWRC @jacksonleeTX18 #VAWA4ALL #VAWA4Natives #TRIBALVAWA #VAWA18

Native Survivor’s Can’t Wait…Reauthorize the Violence Against Women Act @RepHandle  @NIWRC #VAWA4Natives #TRIBALVAWA #VAWA4ALL   

We’re with @JacksonLeeTX18 to pass #VAWA4ALL because native survivors deserve justice! Please co-sponsor @RepHandle 

Violence doesn’t discriminate and neither should our laws! Support #VAWA18 and ensure Native survivors of gender-based violence have access to justice on tribal lands! #VAWA4ALL 

@RepHandle, violence against women happens in our community, too. Reauthorize #VAWA and support prevention and education programs that keep our jurisdiction safe!

The Reauthorization of the Violence Against Women Act of 2018, introduced by @JacksonLeeTX18 today, includes key enhancements for all survivors of domestic and sexual violence. @HouseDemocrats and @HouseGOP, let’s get this bill across the finish line! #VAWA18 #VAWA4ALL

The Violence Against Women Act has always been bipartisan. @Rephandle can we count on you to co-sponsor @JacksonLeeTX18 ‘Reauthorization of the Violence Against Women Act of 2018’ for a #VAWA4All survivors? #VAWA18

We’re with @JacksonLeeTX18 to pass #VAWA4ALL because communities need access to sexual assault prevention! @RepHandle, please co-sponsor #VAWA18

We’re with @JacksonLeeTX18 to pass #VAWA4ALL because survivors need housing protections! @RepHandle, please co-sponsor the “Reauthorization of the Violence Against Women Act of 2018’

Violence doesn’t discriminate and neither should our laws! Support #VAWA18 and ensure incarcerated survivors of gender-based violence have access to trauma-informed care! #VAWA4ALL

Support #VAWA18 and ensure survivors of domestic abuse access to safe housing! #VAWA4ALL

Reducing access to firearms saves women’s lives! Support #VAWA18 and help prevent firearm-involved intimate partner homicides #VAWA4ALL

NIWRC instagram 1 copy.png

End Trafficking of Native Americans Act

Press release here

Full text of the bill End Trafficking of Native Americans Act of 2018

U.S. Senators Catherine Cortez Masto (D-Nev.) and Lisa Murkowski (R-Alaska), members of the Senate Committee on Indian Affairs, today introduced the End Trafficking of Native Americans Act of 2018. This bill addresses some of the gaps between tribal communities and the federal government in combatting human trafficking of Native Americans and Alaska Natives. It would establish an advisory committee on human trafficking comprised of law enforcement, tribal leaders, and service providers to make recommendations to the DOI and DOJ on combatting human trafficking of Native Americans and Alaska Natives. The bill also establishes a Human Trafficking Prevention Coordinator within the Bureau of Indian Affairs to coordinate human trafficking prevention efforts across federal agencies.

“As Nevada’s Attorney General, one of my key missions was to stop the trafficking of innocent women and children and hold traffickers accountable, and I am proud to continue that work in the U.S. Senate” said Cortez Masto. “I have seen firsthand how factors including violence and historical trauma put Native Americans and Alaska Natives at an increased risk of trafficking. This bill will help coordinate investigation and prosecution efforts between federal agencies and will strengthen partnerships between the federal government, tribal leaders, law enforcement and victim advocates. I will continue to use all resources available to bring traffickers to justice and support Native American and Alaska Native survivors.”

“Human trafficking is as evil and vile an issue as any other that’s out there. It is a shocking reality that is felt deeply across the state of Alaska, impacting the Alaska Native population in devastating proportion. This legislation will allow for improved national collaboration between various agencies, tribal communities, and local law enforcement to help address human trafficking – with the assurance that an Alaskan will always have a voice at the table,” said Murkowski. “From strengthening our ability to prevent human trafficking to increasing culturally appropriate training and research programs, I am proud to help drive legislation that will help bring an end to trafficking against American Indians and Alaska Natives.”

“The federal government is aware that Native Americans are a population vulnerable to human trafficking, yet there is no comprehensive plan to address it,” said Chairman Chris Spotted Eagle of the Las Vegas Paiute Tribe. “This legislation to bring law enforcement, tribal leaders and service providers together to make recommendations to the Justice Department and the Department of Interior and to establish coordination between those agencies and the Bureau of Indian Affairs is a bridge to that plan.”

“Though we know that anecdotally human trafficking has had a devastating effect on our tribal communities, there seems to be a lack of understanding around how to best address it. This legislation will help to establish a better understanding of this issue as it relates to American Indian and Alaska Native populations in both Indian country and urban settings. We are thrilled that Senator Cortez Masto is placing a high significance on our communities and on our safety. Human trafficking of native men, women and children has for too long gone unaddressed,” said Lucy Simpson, Executive Director, National Indigenous Women’s Resource Center.

The End Trafficking of Native Americans Act is also supported by the Minnesota Indigenous Women’s Sexual Assault Coalition (MIWSAC).

Troy Eid on Energy Development and Tribal Consultation

Troy Eid has published Beyond Dakota Access Pipeline: Energy Development and the
Imperative for Meaningful Tribal Consultation
in the Denver University Law Review.

National Indian Law Library Bulletin (7/25/2018)

Here:

The National Indian Law Library added new content to the Indian Law Bulletins on 7/24/18.

Law Review & Bar Journal Bulletin
http://www.narf.org/nill/bulletins/lawreviews/2018.html

  • Access to justice: Impact of Twombly Iqbal on state court systems.
  • Intellectual property, traditional knowledge, and traditional cultural expressions in Native American tribal codes.
  • Atmospheric trust litigation: Securing a constitutional right to a stable climate system.
  • Beyond Dakota Access Pipeline: Energy development and imperative for meaningful tribal consultation.
  • Here today, gone tomorrow — Is global climate change another white man’s trick to get Indian land? The role of treaties in protecting tribes as they adapt to climate change.
  • For a lump of coal & a drop of oil: An environmentalist’s critique of the Trump administration’s first year of energy policies.
  • Environmental justice in the United States: The human right to water.
Tribal Courts Bulletin
http://www.narf.org/nill/bulletins/tribal/2018.html
Gabriel v. Colville Business Council (Tribal Government – Expulsion of Council Member)
Federal Courts Bulletin
http://www.narf.org/nill/bulletins/federal/2018.html
Navajo Nation v. Dalley (Slip and Fall; Jurisdiction; Gaming)
Saint Regis Mohawk Tribe v. Mylan Pharmaceuticals Inc. (Inter Partes Review; Tribal Sovereign Immunity; Patent Law)
Oglala Sioux Tribe v. U.S. Nuclear Regulatory Commission (Uranium Mining; Cultural Resources Protection)
Stand up for California! v. United States Department of the Interior (Gaming; Administrative Procedures Act)
Flandreau Santee Sioux Tribe v. Sattgast (State Taxation)
News Bulletin
http://www.narf.org/nill/bulletins/news/currentnews.html
In the Health & Welfare section, we feature an article about Native American homelessness.
Regulatory Bulletin
http://www.narf.org/nill/bulletins/regulatory/2018.html
We feature notice of the Department of the Interior, Bureau of Indian Affairs, relating to Indian entities recognized and eligible to receive services from the United States Bureau of Indian Affairs.
U.S. Legislation Bulletin 
http://www.narf.org/nill/bulletins/legislation/115_uslegislation.html
The following bills were added:
H.R.6414: To amend title 23, United States Code, to extend the deadline for promulgation of regulations under the tribal transportation self-governance program.
S.3216: Justice for Native Survivors of Sexual Violence Act.

Federal Court Allows Claims of Federal Employee Retaliated Against for Complaining about Washington Football Team Paraphernalia at Work to Proceed

Here are the materials in TallBear v. Perry (D.D.C.):

1 Complaint

9 Motion to Dismiss

12 Opposition

13 Reply

16 DCT Order

Muscogee Creek Freedmen Groups Sues Interior, Muscogee (Creek) Nation Principal Chief

Here is the complaint in Muscogee Creek Indian Freedmen Band, Inc. v. Zinke (D.D.C.).

From the press release:

The Muscogee Creek Nation (“MNC”), with full knowledge and approval of the DOI, continues to deny so-called “Creek Freedmen” and their Descendants their Creek citizenship in violation of the Creek Treaty of 1866, the Constitution of the United States, the Administrative Procedure Act, and the Indian Civil Rights Act. The so-called Creek Freedmen continue to be denied basic rights of citizenship including but not limited to their right to vote, right to hold office, and right to be recognized for who they are: Creek Indians by birthright, heritage, history, and culture.  The named Defendants are the Creek Nation Principal Chief,James Floyd; the United States Department of the Interior (“DOI”); and the Hon. Ryan Zinke, Secretary of DOI. 

 

Tenth Circuit Rules against State Jurisdiction over Navajo Casino Tort Claims

Here is the opinion in Navajo Nation v. Dalley:

ca10 opinion

Briefs here.

Tenth Circuit Briefs in Ute Indian Tribe v. Lawrence

Here:

ute opening brief

becker brief

lawrence brief

Reply

Lower court materials here.

List of Federally Recognized Indian Tribes (July 23, 2018)

Here.