Federal Court Dismisses FTCA Claim against White Mountain Apache and BIA Police Officers

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

Dupris Motion for Partial Summary J

US Response to Motion for Partial Summary J

EXC v. Jensen — Nonmember Challenge to Navajo Court Jurisdiction in Tort Case

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)

Jensen Motion to Dismiss

Jensen Motion to Extend Time

Navajo Court Defendants Concurrence in Motion to Dismiss

EXC Response

Jensen Reply in Support of Motion to Dismiss

Jensen Reply in Support of Motion to Extend Time

Federal Court Dismisses State Law Claims re: Gasoline Spill on Navajo Trust Lands

Here are the materials in Felix v. Pic-N-Run (D. Ariz.):

DCT Order Dismissing Felix Complaint

Baldwin Motion to Dismiss

Milam Defendants Motion to Dismiss

Felix Response to Baldwin Motion

Felix Response to Milam Motion

Baldwin Reply

Milam Reply

ADA Claim against Navajo Healthcare Provider Dismissed

Here are the materials in Vulgamore v. Tuba City Regional Healthcare Corporation (D. Ariz.):

DCT Order Dismissing Vulgamore Complaint

Tuba City Motion to Dismiss

Vulgamore Response

Tuba City Reply

Grand Canyon Skywalk Developer Motion for Reconsideration Denied; Case to Proceed in Tribal Court

Here are the materials:

GCSD’s motion for reconsideration

 

Hualapai Response to Motion for Reconsideration

GCSD Reply in Support of Motion for Reconsideration

DCT Order Denying GCSD Motion for Reconsideration

Arizona Law Authorizing Expedited Eminent Domain to Prevent Indian Trust Land Acquisitions Struck Down

Here are the materials in Tohono O’odham Nation v. City of Glendale (D. Ariz.):

DCT Granting TON Motion for Summary J

TON Motion for Summary J

Glendale and Arizona Motion for Summary J

Skywalk Developer Motion for Reconsideration

Here (with all its exhibits, too):

GCSD Motion for Reconsideration.

News article here.

Prior materials here.

Grand Canyon Skywalk Contract Dispute Materials

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:

Hualapai Motion to Dismiss

GCSD Opposition

Hualapai Reply

Grand Canyon Skywalk v. Vaughn (DAriz 2011)

Federal Court Order Granting Stay Pending Appeal in Tohono O’odham Trust Acquisition Case

Here:

DCT Order Granting Stay in TON Trust Acquisition Case

The earlier order granting summary judgment to the federal government is here.

Federal Prosecutors Decline Half of Indian Country Cases in Arizona

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.

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