Cert Petition in McMahon v. Chemehuevi Indian Tribe

Here is the petition:

cert-petition.pdf

appendix.pdf

Questions presented:

1. Under Barker v. Harvey, 181 U.S. 481 (1901) and United States v. Title Insurance & Trust Co., 265 U.S. 472 (1924), did the Chemehuevi Indian Tribe’s failure to file a land claim under the 1851 Act extinguish any of the Tribe’s rights as to Section 36 as conveyed to the State of California for school purposes under the Enabling Act of 1853?

2. Given that this Court has found that states take title to property under the Enabling Acts subject to aboriginal title only where a preexisting treaty has preserved the aboriginal title, does the absence of any Chemehuevi Indian Tribe reservation at the time Section 36 was conveyed to the State of California under the Enabling Act of 1853 bar any claim by the Tribe or its members that Section 36 constitutes Indian country?

3. Does the Appropriation Doctrine bar any claim by the Chemehuevi Indian Tribe or its members that the 1907 Secretarial Order could transfer Section 36 to the Tribe after the property had already been conveyed to the State of California for school purposes under the Enabling Act of 1853?

Lower court materials here.

Update:

Cert Opp

Reply

Ninth Circuit Partially Reinstates Section 1983 Claim against San Bernardino County Law Enforcement

Here is the opinion in Chemehuevi Indian Tribe v. McMahon.

An excerpt:

It is undisputed that the Sheriff cannot enforce regulatory traffic laws in “Indian country.” See 18 U.S.C. § 1162; 28 U.S.C. § 1360. “Indian country” includes, but is not limited to, land within the boundaries of a reservation. 18 U.S.C. § 1151. The issues for decision today are (1) whether the individual Tribe members and the Tribe can challenge the citations through a 42 U.S.C. § 1983 action; and, if so, (2) whether Section 36 is Indian country. We hold that the individual plaintiffs, but not the Tribe, can challenge the citations under § 1983. And, we conclude that all the citations occurred within Indian country. We therefore vacate the district court’s judgment dismissing the complaint as to the individuals but affirm the judgment as to the Tribe.

Briefs here.

Federal Court Rejects Chemehuevi Tribe Effort to Stop County Interference with Tribal Police

Here are the materials in Chemehuevi Indian Tribe v. McMahon (C.D. Cal.):

57 Defendants Motion

61-1 Tribe Motion

62 Defendants Response

64 Tribe Motion

68 Defendants Reply

71 Tribe Reply

84 DCT Order

San Bernadino County Sheriff Enjoined from Citing On-Reservation Tribal Members for Traffic Violations

Here are the materials in Chemehuevi Indian Tribe v. McMahon (C.D. Cal.):

13-1 Tribe Motion

14 Opposition

24 Supplemental Opposition

26 Reply

32 Tribe Supplemental Brief

35 Response to 32

51 DCT Order

We posted the complaint here.