Tag Archives: Bivens action

Ninth Circuit Rejects Bivens Action against Hopi School Officials

Here is the unpublished opinion in Beam v. Naha. Briefs: Opening Brief Response Brief

Posted in Author: Matthew L.M. Fletcher, Education, Research | Tagged , , ,

Eighth Circuit Decides Stanko v. Oglala Sioux Tribe

Here is the opinion. Briefs here.

Posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity, tribal courts | Tagged , , , , , ,

FTCA/Civil Rights Suit against BIA Officers Enforcing N. Cheyenne Tribal Bench Warrant against Non-Indian Dismissed

Here are the materials in the case captioned In re Roberts Litigation (D. Mont.): 33 Federal Motion for Summary J 44 Opposition 45 Federal Reply 54 DCT Order Granting Federal Motion for Summary J An excerpt: In order for Roberts’ … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, tribal courts | Tagged , , , , ,

SCOTUS Denies Cert in Two Indian Law Cases

Here is today’s order list. The Court denied cert in Dupris v. Procter and Hicks v. Hudson Insurance.

Posted in Author: Matthew L.M. Fletcher, Research, Supreme Court | Tagged , , , , , , , , , , , | 1 Comment

Supreme Court Cert Petition in FTCA/Bivens Claims against Federal & Tribal Officers

Here is the petition in Dupris v. Proctor: Dupris Cert Petition Questions presented: 1. Whether this Court should resolve a split among the circuit courts of appeal, created by the Ninth Circuit panel decision in this matter, as to whether … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, Supreme Court | Tagged , , , , , , , , | 2 Comments

Ninth Circuit Rejects FTCA/Bivens Claims against Federal & Tribal Officers

Here is the unpublished opinion in Dupris v. McDonald. An excerpt: In 2006, Jesse Dupris and Jeremy Reed (the “Plaintiffs”) were arrested on tribal charges for assaults they did not commit. In 2008, they commenced this action against the members … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity | Tagged , , , , , , | 2 Comments

Federal Court Allows Leave to Amend Civil Rights Complaint against Salt River Police re: Medicinal Marijuana Confiscation

Here are the materials so far in Phillips v. Salt River Police Dep’t (D. Ariz.): DCT Order Phillips Complaint

Posted in Author: Matthew L.M. Fletcher, Criminal, Research, sovereign immunity | Tagged , , , , , , ,

Table Mountain Rancheria Prevails In Membership Dispute Before The Ninth Circuit

Materials in Lewis v. Salazar here: 12 – Appellants’ Opening Brief 24 – Secretary Salazar’s Answering Brief 26 – Tribal Defendants Answering Brief 34.2 – Appellants Corrected Reply Brief 52.1 – Memorandum Opinion

Posted in Author: Matthew L.M. Fletcher, Research, tribal membership | Tagged , , , , | 1 Comment

NYTs Article on Oravec v. Cole

Here. An excerpt: Two families from the Crow Indian Reservation in Montana can proceed with a lawsuit against an F.B.I. agent that accuses him of failing to properly investigate crimes against American Indians on and around the reservation, the United … Continue reading

Posted in Author: Matthew L.M. Fletcher, Criminal, News | Tagged , , , , , , , , ,

Cert Opposition Brief in Bivens Action against BIA Officer

Here is the cert opp in Oravec v. Cole: Cole Cert Opp Petition is here. I still expect a CVSG or something here.

Posted in Author: Matthew L.M. Fletcher, Research, Supreme Court | Tagged , , , , , , , ,