42 U.S.C. § 1983

Nevada Federal Court Dismisses Employment Action by Terminated Tribal Police Officer

Matthew L.M. Fletcher

Here are the materials in Erwine v. United States/Erwin v. Churchill County (D. Nev.):

59 First Amended Complaint

66 US Motion to Dismiss

72 Opposition

76 Reply ISO 66

107 DCT Order Granting 66

111-1 Motion to Dismiss

115 Opposition

117 Reply ISO 111

123 DCT Order

Want that hat.

Cert Petition Arising from Police Killing of Ute Tribal Member

Matthew L.M. Fletcher1 Comment

Here is the petition in Jones v. Norton:

cert petn

Questions presented:

  • Where it is undisputed that Plaintiffs/Petitioners Debra Jones and Arden Jones, and their deceased son Todd R. Murray, all had individual rights under the 1868 Ute Tribe treaty with the United States, and where, under the procedural posture of this case, it is undisputed that Plaintiffs’ and their Decedent son’s individual rights under the Treaty were violated, did Plaintiffs state a claim for relief under 42 U.S.C. § 1983 based on the violation of their treaty rights?
  • 2.Where State police officers have pursued an Indian within Indian country without either probable cause or jurisdictional authority can they be relieved of the common law duty to preserve evidence simply because the officers’ tortious conduct giving rise to the claims against them arose within Indian country?
  • 3.Where there are disputed material facts, can a district court grant summary judgment based upon the court’s opinion that a reasonable jury would decide the case in favor of the summary judgment movant?

Lower court materials here.