District of Alaska

Alaska Settles Voting Rights Suit Brought by Alaska Natives

Matthew L.M. Fletcher

Here, “STATE OF ALASKA SETTLES IN HISTORIC VOTING RIGHTS CASE.”

An excerpt:

After nine months of negotiations, the State of Alaska reached a settlement with the Native Alaskan plaintiff’s who sued the state in federal court over the translation of voting materials and ballot access for Native Alaskan voters.  The settlement requires a variety of actions by the state including providing language assistance for three census areas and information in Gwich’in and up to six Yup’ik dialects in the official election pamphlet.  Read the full settlement document from the National Indian Law Library website. Find news coverage at the Alaska Dispatch website and the KTUU website.

Other materials here.

News coverage here.

Ninth Circuit Dismisses Appeal of Fake Indians and Fake Indian Court

Matthew L.M. Fletcher1 Comment

Here are the materials in Koniag Inc v. Kanam:

Unpublished CA9 Memorandum

3 Order to Show Cause

5 Kanam Response

6 Koniag Response

8 Order Setting Briefing Schedule

9-1 Koniag Motion for Reconsideration

10 Kanam Opening “Breif”

13 Order Denying Motion

19-1 Koniag Answer Brief

26-1 Kanam Reply

Lower court materials here, here, here, and here.

False Claims Act Suit against Afognak Native Corporation and Alutiiq LLC

Matthew L.M. Fletcher2 Comments

Here is the complaint in United States ex rel. Ferris v. Afognak Native Corp. (D. Alaska):

1 Complaint

Awful strange, in that the complaint heading lists the Northern District of Alabama as the court, is supposedly filed under seal (but here it is), and the header on each page refers to the document as attorney-client privileged (but again, here it is).

Newtok Village Leadership Dispute Complaint Filed in Federal Court [Updated with Default Judgment]

Matthew L.M. Fletcher1 Comment

Here is the complaint captioned Newtok Village v. Patrick (D. Alaska):

1 Complaint

Update (2/25/21):

14 Motion for Default Judgment

16 DCT Order Granting Default

Federal Court Orders Additional Negotiation between Southcentral Foundation and IHS

Matthew L.M. Fletcher

Here are the materials in Southcentral Foundation v. Roubideaux (D. Alaska):

44 Southcentral Motion for Summary J

47 IHS Cross Motion

52 Southcentral Reply

72 Southcentral Second Motion for PI

75 IHS Reply

76 DCT Order Denying Second Motion for PI

77 DCT Order on Cross Motions

We previously posted on this case here.

Alaska Natives Win Major Voting Rights Case

Matthew L.M. Fletcher3 Comments

Here is the press release:

Toyukak Press Release

We posted some materials from this case, Toyukak v. Treadwell (D. Alaska), here.

Organized Village of Saxman Sues Interior over Subsistence Rights

Matthew L.M. Fletcher

Here is the complaint in Organized Village of Saxman v. Towarak (D. Alaska):

Complaint

An excerpt:

This action seeks declaratory and injunctive relief under section 807 of the Alaska National Interests Lands Conservation Act (ANILCA), 16 U.S.C. § 3117, to prevent the Secretaries of Interior and Agriculture from implementing a 2007 final rule that administratively grouped the rural community of Saxman with the nonrural cvcommunity of Ketchikan. Only residents of communities identified by the Federal Subsistence Board (FSB) as rural are eligible for ANILCA’s subsistence priority. 50 C.F.R. 100.5 § (2013). By grouping Saxman with Ketchikan, the 2007 final rule removes Saxman’s rural status and effectively eliminates Saxman’s priority for subsistence uses set forth in ANILCA section 804, 16 U.S.C. § 3114, thus denying Saxman’s members continued access to the subsistence resources they depend on as a mainstay of their livelihood in violation of section 811 of ANILCA, 16 U.S.C. § 3121, and the Administrative Procedures Act (APA), 5 U.S.C. § 553, 706(2)(a),(d).

Selected Materials from Alaska Native Voting Rights Trial

Matthew L.M. Fletcher1 Comment

Here are materials from Toyukak v. Treadwell (D. Alaska):

47 Alaska Motion for Partial Summary J

74 Plaintiffs Response to 47

86 Alaska Reply in Support of 47

128 Alaska Objection to McCool

138 Alaska Trial Brief

140 Plaintiffs Trial Brief

146 Plaintiffs Response to 128

News coverage here and here. H/t Pechanga.

Southcentral Foundation Effort to Force IHS to Fund Suicide Prevention and Other Programs Fails

Matthew L.M. Fletcher1 Comment

Here are the materials in Southcentral Foundation v. Roubideaux (D. Alaska):

5 Motion for PI

17 IHS Opposition

27 Reply

37 DCT Order Denying Motion

An excerpt:

Before the Court at Docket 3 is a motion filed by Plaintiff Southcentral Foundation (SCF). Although entitled a motion for a preliminary injunction, SCF is seeking mandamus relief in the form of an order that requires the immediate payment to it from a federal official of additional funding for Fiscal Year (FY) 2012 for the Methamphetamine and Suicide Prevention Initiative (MSPI) and the Domestic Violence Prevention Initiative (DVPI). The Defendant is Yvette Roubideaux, the Director of the Indian Health Service (“IHS” or “Defendant”). After this litigation was filed, IHS agreed to pay SCF approximately $1.08 million of the disputed funds. Still disputed is approximately $449,000 in funding. On September 27, 2013, the Court heard oral argument on the motion. Having considered the documents filed with the Court, the law, and the arguments of counsel, the Court will deny the motion for the reasons set forth herein.

Alaska Natives Sue Alaska over Election Translations

Matthew L.M. Fletcher

News coverage here.

Complaint when we get it.