Bureau of Indian Affairs

Crow Nation Sues BIA over Being Placed on “Do Not Pay” List

October 15, 2025Matthew L.M. Fletcher

Here is the complaint in Crow Tribe v. United States (D. Mont.):

1 Complaint.pdf Download

Ninth Circuit Refuses to Enforce Land Partition Agreement between BIA and Estate of Crow Citizen

August 22, 2025Matthew L.M. Fletcher

Here is the opinion in Halverson v. Burgum.

Briefs:

Opening Brief

Answer Brief

Eighth Circuit Affirms Cattle Impoundment Decision

January 28, 2025Matthew L.M. Fletcher

Here is the opinion in Temple v. Mercier.

Briefs:

Temple Brief

Federal Brief

Tribal Brief

Lower court materials here.

Blast from the Past: 1980 Interior Guidance to BIA Officials re: ICRA Enforcement Post-Martinez

September 5, 2024Matthew L.M. Fletcher

Here:

1980 Interior Guidance on ICRA

Interesting list of “sanctions” BIA would impose on tribal governments that violate ICRA (considered by the Commissioner to be a violation of the political relationship between the tribe and the feds):

Assistant Secretary Releases Volume II of the Boarding School Report

July 31, 2024Matthew L.M. Fletcher

Here:

doi_federal_indian_boarding_school_initiative_investigative_report_vii_final_508_compliant.pdf Download

Excerpt:

Accordingly, I am submitting to you Volume II of the Federal Indian Boarding School Initiative Investigative Report. This second volume adds to our understanding of the Federal Indian boarding school system by:

• Updating the official list of Federal Indian boarding schools to include 417 institutions across 37 states or then-territories;

• Providing detailed profiles of each Federal Indian boarding school;

• Identifying 1,025 other institutions that did not satisfy the four criteria used for this investigation, but were nevertheless used to advance similar assimilation and education policy goals;

• Confirming that at least 973 American Indian, Alaska Native, and Native Hawaiian children died while attending Federal Indian boarding schools;

• Confirming that there are at least 74 marked and unmarked burial sites at 65 different school sites;

• Listing 127 different Treaties between the United States and Indian Tribes that implicate the Federal Indian boarding school system; and,

• Reporting that the Department estimates that the U.S. Government made appropriations available of more than $23.3 billion in FY23 inflation-adjusted dollars between 1871 and 1969 for the Federal Indian boarding school system as well as other similar institutions and associated assimilation policies.

The first volume is here.

Nevada Federal Court Dismisses Challenge to Winnemucca Housing Evictions

April 1, 2024Matthew L.M. Fletcher

Here are the materials in Brown v. Haaland (D. Nev.):

100 Plaintiffs MSJ.pdf Download

101 Federal Cross Motion.pdf Download

102 Tribe MSJ.pdf Download

107 Plaintiffs Reply.pdf Download

108 Tribal Reply.pdf Download

111 Federal Reply.pdf Download

112 DCT Order.pdf Download

Prior post here.

South Dakota Federal Court Finally Resolves Matter Arising from Federal Government’s Impoundment of Livestock at Pine Ridge Way Back in 2015 and 2016

December 14, 2023Matthew L.M. Fletcher

Here are the materials in Temple v. Roberts (D.S.D.):

180-1 Oglala Sioux Tribal Court Decision

213 Federal Trial Brief

215 Temple Pre-Trial Brief

228 DCT Order

Prior post here.

*Pretty sure these dudes didn’t have anything to do with this case, but they look cool — Ed Red Owl, Jerry Flute and Elijah Back Thunder*

Eighth Circuit Shows Against Why FTCA’s Discretionary Function Exception Should Be Canned

June 12, 2023Matthew L.M. Fletcher

Here is the cursory, bloodless opinion in Mound v. United States.

Briefs here. Lower court materials here.

An excerpt:

In 2014, the Tribe identified a culvert—a structure that channels water under a road—as a potential maintenance project. In 2018, based on an engineering assessment, the Tribe decided to replace the culvert. Because its existing contract did not authorize funding for the project, the Tribe sought a new contract with the BIA. Before the new contract was finalized, heavy rains collapsed the culvert, leaving a large gap in the road. Four cars drove into the gap and plunged into the water. Trudy Peterson and James Vander Wal were swept downstream and died. Evan Thompson and Steven Willard suffered serious injuries.