The case is Citizen Potawatomi Nation v. Salazar (D. D.C.).
CPN Motion for Summary Judgment
D.C. District Court
BLT: Government Moves to Dismiss Geronimo/Skull and Bones Case
Here is the motion — Obama Motion to Dismiss
From BLT:
Justice Department lawyers have moved to dismiss claims against the government in a lawsuit over the remains of the legendary Apache warrior Geronimo.
In February, a group of Native Americans claiming to have descended from the 19th century military leader sued the government, as well as Yale University and the Order of the Skull and Bones, in an attempt to retrieve Geronimo’s remains. After his death in 1909, Geronimo’s body was buried at the Fort Sill United States Army Base in Lawton, Oklahoma. But according to popular lore, members of the Yale secret society broke into his tomb and stole his skull, which it now keeps on display in New Haven.
Jicarilla Apache Loses Royalty Claim against Dept. of Interior
Here is the opinion from the D.C. District Court in Jicarilla Apache Tribe v. Dept. of Interior. And the news coverage:
A federal judge has thrown out a lawsuit filed by the Jicarilla Apache Nation over how natural gas royalties paid to the tribe are calculated.
The northwest New Mexico tribe filed suit in 2007 in federal court in Washington, D.C., after the U.S. Interior Department changed how the royalties paid to the tribe by gas lessees are calculated.
Court records show the Jicarilla Apaches argued the change was arbitrary, it departed from Interior Department precedents and it violated the department’s fiduciary duties toward the tribe.
Fair Housing Act Case re: Lending on Indian Reservations
Here is the complaint in National Community Reinvestment Coalition v. Novastar Financial, before Judge Lamberth in the D.C. district court.
Here’s an excerpt from the complaint:
3. NovaStar maintains and publishes two lending eligibility policies that discriminate purposefully and intentionally against Native Americans and people with disabilities. Specifically, NovaStar’s underwriting guidelines and policies treat “Properties located on Indian reservations” and “Properties for adult foster care” as “Unacceptable” for its lending business. See Excerpts of Program Manual at p. 40, attached at Exh. A. These facially discriminatory policies explicitly treat loan applicants differently based on the protected characteristics of race, color, racial composition, national origin, and disability. In addition, these discriminatory policies have a significant disproportionate adverse impact on Native Americans and people with disabilities.
Red Lake Band v. Dept. of Interior — Self Determination Funding
Here are some of the materials in Red Lake Band of Chippewa Indians v. Dept. of Interior, in the D.C. District Court. Red Lake Band alleged that DOI violated the self-determination funding agreement in relation to a juvenile detention facility and year-end funds. DOI wins on the year-end funds, and Red Lake wins on another issue, and the jail funds goes to trial.
red-lake-band-v-doi-dct-opinion
Patchak v. Kempthorne TRO Oral Argument Transcript
Judge Leon ruled from the bench in this case on Monday, denying a TRO motion from Patchak, a member of 23 is Enough and MichGO (although he challenges that last part), to stop the trust acquisition of land in Allegan County for the Gun Lake Band.
Here is the transcript: patchak-v-kempthorne-transcript
Given the judge’s hostility toward Patchak’s attorney and legal positions, occasionally labeling them frivolous, one could argue (I suppose) that a Rule 11 motion could be in order. But I highly doubt that such a motion would be treated favorably by Judge Leon, who does not appear to suffer fools gladly.
Here are the pleadings.
Gun Lake Band Survives Another Court Challenge
From Western Michigan Business:
A [federal] court judge today dismissed the final legal obstacle to the Gun Lake Band of Pottawatomi Indians‘ casino plans.
U.S. District Court Judge Richard Leon denied former Wayland Township Trustee David Patchak‘s request for a stay blocking the Department of Interior from taking land near Wayland into trust for the Gun Lake Band while the Supreme Court of the United States considers a tribal gaming case in Rhode Island.
The Supreme Court last week refused to hear an appeal by Grand Rapids-based Michigan Gambling Opposition — MichGO — to derail permanently taking the 147 acres into trust for the tribe.
Patchak v. Skibine — Suit against Gun Lake Trust Acquisition Redux
Here’s the news article about it (via Indianz). The materials are here:
Turtle Talk 