District of Arizona – Page 14

This is an action for declaratory and injunctive relief arising out of a Navajo Supreme Court decision that violates due process and vitiates a federally issued and approved corporate charter providing for shareholder governance of a corporation formed under federal law.

1-1 Exhibit

3 Plaintiffs Motion for TRO

3-1 Exhibits [NNSC Opinion in Navajo Nation Oil & Gas Company v. Window Rock District Court begins at page 139]

4 Motion for Order to Show Cause

Supreme Court Cert Petition in FTCA/Bivens Claims against Federal & Tribal Officers

June 11, 2014Matthew L.M. Fletcher2 Comments

Here is the petition in Dupris v. Proctor:

Dupris Cert Petition

Questions presented:

1. Whether this Court should resolve a split among the circuit courts of appeal, created by the Ninth Circuit panel decision in this matter, as to whether federal agents have “discretion” to arrest an individual without probable cause, for purposes of sovereign immunity under the “discretionary function” doctrine of the Federal Tort Claims Act?

2. Whether this Court should resolve a split among the circuit courts of appeal as to whether a law enforcement officer’s pre-arrest consultation with a prosecutor, standing alone, entitles the officer to qualified immunity?

3. Given the federal agents’ testimony that there were not any “positive identifications” of Petitioners, contradictory to what the agents told the tribal prosecutor, whether this Court should remand pursuant to this Court’s recent holding in Tolan v. Cotton, — U.S. –, 134 S.Ct. 1861 (2014), to ensure that the Court of Appeals properly viewed all evidence in the light most favorable to the Petitioners?

Lower court materials here.

Federal Court Orders Garnishment of Gila River Member’s Per Caps

June 2, 2014Matthew L.M. Fletcher

Here are the materials in United States v. Webb (D. Ariz.):

153 US Writ for Garnishment

162 Webb Response

175 MJ R&R

177 DCT Order

Native American Rights Fund on Humetewa Confirmation

May 15, 2014Matthew L.M. Fletcher

Today the United States Senate unanimously confirmed Diane Humetewa as a United States District Court Judge for the District of Arizona. Humetewa is a member of the Hopi Tribe and is now the first American Indian woman federal judge. She was the U.S. Attorney for the District of Arizona from 2006 to 2009.

NARF Executive Director John E. Echohawk congratulated Judge Humetewa on her confirmation: “She is well-qualified for this position and the Federal Judicial Selection Project, staffed by NARF and NCAI attorneys, has long-supported her nomination and confirmation. With today’s historic vote, she will be the only Native American federal judge currently sitting and the first Native American woman in the federal judiciary. With this important milestone, we acknowledge that there are still a lot of judicial vacancies and accomplished, well-qualified Native American attorneys who are ready to serve. We look forward to supporting more nominees like Judge Humetewa in the future.”