Bureau of Indian Affairs – Page 10

The American Civil Liberties Union and the ACLU of New Mexico filed a lawsuit today on behalf of Shantelle Hicks, 15, who was initially kicked out of middle school and then publicly humiliated at an assembly by the school director and another staff member because she was pregnant.

The complaint alleges that school administrators violated Hicks’ constitutional right to equal protection under the law, Title IX’s prohibitions against sex and pregnancy discrimination and violations of her right to privacy.

“It was so embarrassing to have all the other kids staring at me as I walked into the gymnasium,” said Hicks. “I didn’t want the whole school to know I was pregnant because it’s not their business, and it wasn’t right for my teachers to single me out.”

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Lawyers on this case include Klopfer, Alexandra Freedman Smith, Laura Schauer Ives and Maureen Sanders of the ACLU of New Mexico; and Sherwin and Lenora Lapidus of the ACLU Women’s Rights Project.

Read the full legal complaint: Hicks Complaint.

BIA Recommends Reversal of Pala Band Original 8 Disenrollments UPDATED

February 28, 2012March 1, 2012Matthew L.M. Fletcher2 Comments

Here is the letter:

Pala Disenrollments Response-Chappabitty Letter.2.28.12pdf

UPDATE: Appeal Document — Pala Disenrollment 2.25.12

Prior materials are here.

Brutal, Tragic Case Out of Yakama: Government Limits Liability for Negligent Death of Teenage JobsCorps Worker

February 17, 2012Matthew L.M. Fletcher

Here are the materials in Challinor v. United States (E.D. Wash.), where the court concludes:

In summary, because the Estate’s FTCA negligence claims colorably fall within FECA’s scope, the Court must dismiss this lawsuit for lack of subject-matter jurisdiction. See Moe, 326 F.3d at 1068 (requiring dismissal of a claim that is “colorably within” FECA’s scope). Although the United States may face liability under the FTCA if an injury occurs to a non-Job-Corps participant at YFP because that individual may not be a federal employee, the Court recognizes this question is not before it at this time. The Court is hopeful that the BIA and YFP take the appropriate necessary steps to ensure that all workers, especially those young Job Corps students with so much life ahead, are not subjected to such serious safety violations. See Marly’s Bear Med. v. United States, 241 F.3d 1208, 1216-17 (9th Cir. 2000) (finding that fatal injuries to anon-federal employee during a logging operation conducted pursuant to a BIA contract were recoverable under the FTCA because the BIA’s responsibility to ensure that safety precautions were implemented was not a discretionary function). The Court is also hopeful that Congress will soon address the shameful inadequacy of FECA’s $10,000.00 death gratuity payment. While the law required this decision, the Court sympathizes with Mr. Challinor’s parents for the loss of their son.

DCT Order Granting Government’s Motion

Government Motion to Dismiss

Challinor Opposition

Government Reply Brief

Echohawk Memorandum on San Pasqual Enrollment Dispute

January 17, 2012Matthew L.M. Fletcher1 Comment

Here:

Echo Hawk Memorandum Order 12 Jan 2012

Our previous post on this issue is here.

BIA Enjoined from Removing Disenrollees from San Pascqual Band Tribal Roll

December 21, 2011December 20, 2011Matthew L.M. Fletcher6 Comments

Here are the materials in Alto v. Salazar (S.D. Cal.):

San Pasqual 12 19 11 Order

Alto Motion for PI

BIA Response

San Pascqual Band Motion to Dismiss

San Pascqual Band Motion to Dismiss Part 2

Alto Opposition to San Pascqual Motion

Federal Circuit Reinstates Vendor’s Claims against BIA over Educational Services

October 6, 2011October 5, 2011Matthew L.M. Fletcher

Here is the opinion in Engage Learning, Inc. v. Salazar.

Here is an excerpt:

Engage Learning, Inc. (“Engage”) appeals from a decision of the Civilian Board of Contract Appeals (“the Board”) dismissing its appeal for lack of subject matter jurisdiction. The Board held that it did not have jurisdiction under the Contract Disputes Act of 1978 (“CDA”), 41 U.S.C. § 601 et seq., because Engage failed to establish that it had a contract with the government for the unpaid services. Engage Learning, Inc. v. Dep’t of the Interior, CBCA 1165 (June 15, 2010) (“Board Op.”). Because we conclude that the Board erred in dismissing the appeal on jurisdictional grounds, but could have dismissed in part for failure to state a claim upon which relief can be granted, we affirm in part, vacate in part, and remand.

NPR Coverage of Cherokee Freedmen Controversy

September 19, 2011Adrea Korthase2 Comments

The story (and audio) can be found here. An excerpt:

The Cherokee Nation has expelled about 2,800 African Americans who are descendants of slaves once owned by wealthy Cherokee. They are known as Freedmen, and for long periods in the past, these Freedmen enjoyed equal rights in the Cherokee tribe. But in more recent history, their citizenship rights have been challenged repeatedly.

The Cherokee’s most recent decision strips about 2,800 African Americans of benefits afforded to tribal citizens, including medical care, food stipends and assistance for low-income homeowners. It also prompted dozens of descendants who are known as “Freedmen” to protest.