Oglala Sioux Moves for Summary Judgment against South Dakota Dept. of Social Services for Inadequate Training and Supervision

Here is the pleading in Oglala Sioux Tribe v. Fleming (D.S.D.):

BRIEF IN SUPPORT OF PLAINTIFFS’ MOTION FOR PARTIAL SUMMARY JUDGMENT AGAINST THE DSS DEFENDANTS RE: INADEQUATE TRAINING AND SUPERVISION

PLAINTIFFS’ STATEMENTS OF UNCONTESTED FACTS RE: PARTIAL SUMMARY JUDGMENT AGAINST DSS FOR INADEQUATE TRAINING AND SUPERVISION

Petitioner’s Brief in Lewis v. Clarke

Here:

Brief for Petitioner

Other background materials here.

Final Review of Washtenaw County’s Peacemaking Court Initiative

Download(PDF):

An Evaluation of the Peacemaking and Parent Partners Initiative: An Initiative of the Washtenaw County Trial Court and Dispute Resolution Center of Washtenaw County

Exit Pursued by a Bear: Why Peacemaking Makes Sense in State Court Justice Systems by Judge Timothy Connors

Michigan’s Tribal State Federal Judicial Forum: Attempting Great things by Justice Bridget McCormack

The Indigenous Practice that is Transforming the Adversarial Process by Neil Nesheim

Citizens Against Reservation Shopping v. Jewell Cert Stage Materials

Cert Petition:

Citizens Against Reservation Shopping v. Jewell

Questions presented:

1. Whether, to have been a “recognized Indian tribe now under Federal jurisdiction” in 1934, a tribe must have been “recognized” at that time.
2. Whether, to have been “under Federal jurisdiction” in 1934, a tribe must have been located in Indian country – that is, on land over which the United States exercised jurisdiction to the exclusion of State jurisdiction.
Lower court materials here.
UPDATE:

Nisenan Tribe of the Nevada City Rancheria v. Jewell Cert Petition

Here:

Cert Petition

Questions presented:

1. Whether the Ninth Circuit Court of Appeals’ nunc pro tunc ruling depriving Petitioners of substantive procedural rights was in error?
2. Whether the Ninth Circuit Court of Appeals’ ruling on the statute of limitations was in error?

Fletcher Preview of Lewis v. Clarke

Here is “Supreme Court case could expose Indian tribes to new legal risks” at The Conversation.

Excerpt:

One would be tempted to think this is a case about fairness, about guaranteeing a forum for non-Indians to sue tribal employees who might be cloaked in a tribe’s immunity from the suit. In my opinion, fairness to the Lewis couple, however, comes at the expense of fairness to the tribe.

Recall that the tribe does provide a forum to resolve personal injury claims against it in tribal court, but with a one year limitations period. Under that law, the Mohegan tribal court has confirmed awards against tribal police officers; indeed, the tribe likely has settled thousands of claims over the years.

I have long argued that Indian tribes should provide an adequate forum to address the negligent actions of their employees. The Mohegan tribe has done so here by establishing a tribal court and a legal process for resolving personal injury claims. In fact, Mohegan was one of the earliest tribes to start doing so, way back in the 1990s. But personal injury lawyers have complained about Mohegan law because it bars punitive damages and other doctrines that can balloon judgment awards.

***

Background materials on the case are here.

Staff Attorney Position with Forest County Potawatomi

FOREST COUNTY POTAWATOMI COMMUNITY
IN-HOUSE STAFF ATTORNEY, LEGAL DEPARTMENT
MILWAUKEE LOCATION

The Forest County Potawatomi Community is seeking a qualified in-house staff attorney to provide legal advice and representation to a diverse client base.  A minimum of five years of experience is required. Candidates must possess a valid license to practice law in the State of Wisconsin or be willing to obtain such a license within a reasonable time.  The position offers challenging work, competitive compensation and benefits. Areas of practice include: Employment, Health, and/or General Corporate. A general knowledge of Indian Communities and Indian Law is preferred but not required.

If you are interested in applying for this position, please send your resume, cover letter and salary requirements to:  fcpcmw@gmail.com

Troy Eid Serving on Trump Transition Team

Link: Former U.S Attorney from Denver to be on Trump’s transition team

Seminole Tribe Prevails in Dispute with Florida over Banked Games

Here are the materials in Seminole Tribe of Florida v. State of Florida (N.D. Fla.):

37-seminole-msj

38-florida-msj

44-seminole-response-to-38

53-florida-response-to-37

86-seminole-immunity-brief

87-florida-immunity-brief

103-dct-order

Drama at Nooksack

Here is “Emotions run high as woman faces eviction from Nooksack tribal land.”