District of Arizona – Page 23

Plaintiff Tonatierra Community Development Institute (“Tonatierra”) is a nonprofit community-based organization in Phoenix, Arizona that advocates for the cultural, educational, and economic development needs of the indigenous community in Arizona. Some of the families it works with are members of indigenous American Indian tribes who fear that they will be stopped and questioned under SB 1070 if they are not carrying tribal identification cards.

Federal Court Grants Summary Judgment in Bivens Claim against Tribal Police

April 28, 2010April 28, 2010Matthew L.M. Fletcher

Here is the opinion in Murgia v. United States (D. Ariz.), on remand from the Ninth Circuit: Order on MSJ 04-28-10.

Here are the Ninth Circuit materials.

DCT Affirms Tribal Authority to Impose Consecutive Sentences More than One Year

April 1, 2010Matthew L.M. Fletcher3 Comments

Here is the order in Bustamante v. Valenzuela: Bustamante Order.

The district court judge rejected a magistrate recommendation (here).

Habeas Case on Consecutive Sentences out of Gila River

March 20, 2010Matthew L.M. Fletcher

These cases are all going badly for tribal governments. It’ll be interesting to see if the appellate courts really get into the question.

This is Alvarez v. Tracey (D. Ariz.) — Alvarez-Gila River Case

Bustamante v. Valenzuela Magistrate Report Rejects Consecutive Tribal Court Sentences

February 9, 2010February 9, 2010Matthew L.M. Fletcher

Here is the magistrate R&R in this matter, a companion case to Miranda v. Nielson (D. Ariz.), though a different federal judge will review this report, so we’ll see.

Bustamante Report and Recommendation

Briefs are here.

Indian Fraud Alert: Neal v. Arizona

February 4, 2010Matthew L.M. Fletcher

Here is yet another effort by people claiming to be Pembina Nation Little Shell Band of North America: Neal v Arizona.

An excerpt:

Plaintiffs are members of the Pembina Nation Little Shell Band of North America (“Little Shell Band”). Plaintiffs action stems from the Defendants’ refusal to recognize the validity of the Little Shell Band’s transportation code. Specifically, Plaintiffs allege that Defendants refuse to recognize drivers licenses, motor vehicle registrations, and motor vehicle license plates issued under the Little Shell Band’s transportation code.

Biven and Federal Tort Claims Act Claims against Tribal/BIA Cops Dismissed

January 26, 2010Matthew L.M. Fletcher

…with leave to amend their complaint. The case is Dupris v. McDonald (D. Ariz.). The events occurred on the White Mountain Apache reservation. And the plaintiffs are accused of sexual assault.

Dupris v McDonald