District of Arizona – Page 11

Loera does not meet the first two and most important factors of Bruce’s second prong. And while evidence supports finding that he did satisfy the third and fourth Bruce factors, the Government has successfully demonstrated that Loera’s satisfaction of those factors is weak. In the end, accounting for the descending level of importance given to each Bruce factor, and viewing the evidence in the light most favorable to the Government, a rational trier of fact could have found beyond a reasonable doubt that Loera does not qualify as an Indian. See Cruz, 554 F.3d at 844. Accordingly, the Court affirms the decision of the magistrate court below; the exercise of federal jurisdiction over this case was appropriate pursuant to § 1152.

Materials on Federal Seizure of $741,480 from Hopi Cultural Preservation Board Bank Account

May 24, 2016Matthew L.M. Fletcher

Here are the materials so far in United States v. $741,480.00 (D. Ariz.):

1 Complaint

17 Application for Default Judgment

21 Application for Partial Default Judgment

Update in TON Suit against Arizona Officials re: Glendale Casino

March 31, 2016Matthew L.M. Fletcher1 Comment

Here are the new materials in Tohono O’Odham Nation v. Ducey (D. Ariz.):

82 DCT Order Denying TON Motion for PI

108 TON Motion to Dismiss Counterclaims

111 Bergin Response

115 TON Reply

127 DCT Order

Previous materials are here.

Gila River Indian Community Sues the VA over Health Care Costs Reimbursements

March 29, 2016March 29, 2016Matthew L.M. Fletcher

Here is the complaint in Gila River Indian Community v. Dept. of Veterans Affairs (D. Ariz.):

Complaint

An excerpt:

In 2010, the Patient Protection and Affordable Care Act (“ACA”) was enacted. One goal of the ACA was to improve health care access and delivery for Native Americans. A provision in the ACA allows Indian tribes to be reimbursed for health care provided to veterans and states:

The Service, Indian tribe, or tribal organization shall be reimbursed by the Department of Veterans Affairs or the Department of Defense (as the case may be) where services are provided through the Service, an Indian tribe, or a tribal organization to beneficiaries eligible for services from either such Department, notwithstanding any other provision of law.

25 U.S.C. § 1645(c). This law provides that, if an Indian tribe or tribal organization provides health care services to an individual who is otherwise eligible for care from the VA, the VA must reimburse the Indian tribe or tribal organization for the services provided. Despite this plain and mandatory language directing the Department of Veterans Affairs (“VA”) to reimburse Indian tribes and tribal organizations for health care services provided to veterans, the VA refuses to do so unless Indian tribes and tribal organizations agree to conditions well beyond the plain language of the law and which reduce the reimbursements that Indian tribes are entitled to under the law.

News Coverage of Goldwater (ICWA Litigation) Hearing

December 21, 2015Kate Fort4 Comments

News coverage that confirms all accounts we received that this was a very difficult and discouraging hearing.

This hearing was on DOJ’s motion to dismiss the Goldwater ICWA litigation, which is contesting the constitutionality of ICWA. Relevant documents are here.

In response to questions we’ve been getting–this hearing was only on the government’s motion to dismiss. By the looks of it, the judge is not likely to dismiss the case at this point. Next up in the litigation is a fight over class certification, which the judge was delaying full briefing on until after the decision on the motion to dismiss. There will also be rulings on Navajo Nation and Gila River’s motions to intervene. Short answer to what the hearing likely means–this is looking like a long slog. We would really love to be wrong.