HuffPo: “Cherokee Nation Members Troubled By Trump’s Visit To Andrew Jackson’s Tomb”

Matthew L.M. Fletcher

Here. 

Srsly, you know by now I’m no Andrew Jackson fan. 

Federal Court Accepts Stipulation and Issues Consent Judgment in Michigan v. Hannahville

Matthew L.M. Fletcher

Here is the order:

Consent Judgment

Prior posts here and here.

Spring 2017 Michigan Indian Legal Services Newsletter

Sarah M Donnelly

Download(PDF): MILS_Spring_2017_newsletter

Federal Court Suppresses Defendant’s Statements to IHS Worker in Presence of Tribal Police

Matthew L.M. Fletcher

Here are the materials in United States v. Walsh (D. Ariz.):

34 Motion to Preclude

44 Response

46 Reply

90 DCT Suppression Order

Updated Pleadings in DAPL Suit (Current through March 14)

Matthew L.M. Fletcher1 Comment

Here:

153 ACOE Motion Extend Time to Resp to Mtn Part SJ

154 SRST Resp to 153 ACOE Mtn Ext Time

155 Vance Reply to DAPL & ACOE Opp to Mtn Intervene

156 DAPL Status Rept

157 Order Denying Prelim Inj

158 Memorandum Opinion

159 DAPL Resp to SRST MPSJ

160 ACOE Unoppoed Mtn to Ext Time

160-1 Prop Order

161 DAPL Reply to Opp to Mtn Prot Ord

162 Motion for Leave to File Perry Declaration

162-1 Ex 1 Perry Declaration

163 DAPL Response to SRST Mtn for Leave to File Perry Declaration

164 CRST Notice of Appeal

165 Motion for Injunction Pending Appeal

165-1 Proposed Order

166 Perry Declaration

167 Transmission of Notice, Order & Docket to CA

168 DAPL Opposition to Motion for Injunction Pending Appeal

169 DAPL Status Report

170 ACOE Opposition to CRST Motion for Injunction

171 Order Denying CRST Motion for Injunction Pending Appeal

172 ACOE Opp to SRST Mtn for PSJ & Cross Mtfor PSJ

 

Federal Court Dismisses Dispute over Nonmember Property Boundary Line Dispute on Ute Reservation

Matthew L.M. Fletcher

Here are the materials in Austin v. Dietz (D. Utah):

12 Motion to Dismiss

12-2 Motion to Dismiss First Tribal Court Suit

12-3 Motion to Dismiss Second Tribal Court Suit

12-4 Tribal Court Panel Decision

13 Response

15 Reply

28 DCT Order

 

Hannahville and Michigan Reach Stipulation on Gaming Compact

Matthew L.M. Fletcher1 Comment

Here is the stipulation:

Stipulation

Complaint and other materials here.

Split Ninth Circuit Dismisses ICRA Banishment Challenge

Matthew L.M. Fletcher1 Comment

Here is the opinion in Tavares v Whitehouse.

Briefs:

Appellant Brief

Appellee Brief

Reply Brief

Lower court materials here.

State of Michigan sues Hannahville Indian Community over Gaming Compact

bryannewland2 Comments

The State of Michigan has filed a lawsuit against the Hannahville Indian Community.  The State is asserting that the Hannahville Indian Community’s class III gaming compact has expired (the agreement was executed in 1993).

A copy of the complaint is here:Hannahville Complaint

Hannahville’s Class III gaming compact is here: Hannahville Class III Compact

The Hannahville Compact is one of seven tribal-state gaming compacts the State of Michigan executed in 1993 – all for the same term of years.  The State has argued that six of those agreements expired in 2013, but this is the first lawsuit it has filed.

The State’s complaint is likely to be dismissed on the basis of tribal sovereign immunity, but the timing of this lawsuit – just two months into the Trump Administration – may signal a larger effort to appeal to the Federal Government exert pressure on the Michigan tribes who have similar gaming compacts.  It is unclear whether the State intends to file similar lawsuits against the other tribes with 1993 gaming compacts.

My earlier commentary on the 1993 compacts is here and here (which includes a discussion over whether Michigan’s 1993 gaming compacts have expired)

Minnesota COA Remands Off-Rez Treaty Rights Case to State District Court

Matthew L.M. Fletcher

Here are the materials in State of Minnesota v. Northrup:

Order – Certifying Question

Statement – Case – Appellant

Order – Jurisdiction Questioned

Memorandum – Informal – Respondent

Memorandum – Informal – Appellant

Order – Dismiss – Not Stipulated, Entire Case

News coverage here.