Here are the materials in Dupris v. McDonald (D. Ariz.):
DCT Order Dismissing Dupris Complaint
BIA Motion to Dismiss Complaint
US Motion to Dismiss Complaint
Here are the materials in Dupris v. McDonald (D. Ariz.):
DCT Order Dismissing Dupris Complaint
BIA Motion to Dismiss Complaint
US Motion to Dismiss Complaint
Here are the materials in EXC, Inc. v. Jensen (D. Ariz.). This is a federal appeal to a Navajo Nation Supreme Court decision affirming jurisdiction over the nonmember company (we posted those materials here).
DCT Order in EXC (denying motion to dismiss)
Navajo Court Defendants Concurrence in Motion to Dismiss
Here are the materials in Felix v. Pic-N-Run (D. Ariz.):
DCT Order Dismissing Felix Complaint
Milam Defendants Motion to Dismiss
Felix Response to Baldwin Motion
Here are the materials in Vulgamore v. Tuba City Regional Healthcare Corporation (D. Ariz.):
Here are the materials in Tohono O’odham Nation v. City of Glendale (D. Ariz.):
Here (with all its exhibits, too):
GCSD Motion for Reconsideration.
News article here.
Prior materials here.
We posted the complaint and a motion for a TRO earlier here.
As Indianz reported, the federal court has dismissed the claim for failure to exhaust tribal remedies (and in heavy reliance upon the Ninth Circuit’s recent decision in the Water Wheel case).
Here are those materials:
Here:
DCT Order Granting Stay in TON Trust Acquisition Case
The earlier order granting summary judgment to the federal government is here.
Here is the news article.
An excerpt:
The Arizona letters provide a window into a much larger government study of Department of Justice records in which 50 percent of the 9,000 cases filed from tribal lands during fiscal years 2005-2009 were declined.
In the study, 42 percent of rejections were attributed to weak or insufficient admissible evidence; 18 percent to “no federal offense evident;” and another 12 percent to witness problems.
In the AP’s Arizona review, the reasons – many cases cite more than one – were:
– 59 percent cited insufficient or inadmissible evidence. That could mean anything from inferior investigations by law enforcement to inadequate crime scene preservation.
– 27 percent cited witness problems, which can include witnesses recanting, being viewed as not credible, or simply disappearing.
– 16 percent cited a lack of jurisdiction, which can speak to the level of a crime. For example, the injuries of a detention sergeant beaten by an inmate weren’t serious enough to be a federal crime.
You must be logged in to post a comment.