District of Arizona – Page 25

Murgia v. Reed — CA9 Materials in Bivens Claim against Tribal Officers

February 15, 2009Matthew L.M. Fletcher2 Comments

Here are the materials in this case, in which the district court refused to dismiss a Bivens claim against tribal police. It was apparently argued on the same day last November as Bressi v. Ford (materials here):

D. Ariz. Order

appellants-opening-brief

appellees-response-brief

reply-brief

There seems to be a rash of federal civil rights cases against tribal police (see also Jeanlouis v. Vidallia) under a wide variety of theories — FTCA, Sections 1981, 1982, 1985, and now Bivens. The Bivens claim is most unpredictable, of course, given that it is unprecedented as against tribal police. I’m sure insurers should be aware of this kind of claim and may be watching carefully.

LVD Claim against Mexican Business Partners — UPDATED

January 17, 2009January 18, 2009Matthew L.M. Fletcher2 Comments

Here is the amended complaint — lvd-complaint

From ICT:

WATERSMEET, Mich. – The chairman of the Lac Vieux Desert Band of Lake Superior Chippewa Indians has some advice to tribes who are thinking about economic development projects outside the United States. If it looks too good to be true, it probably is, Chairman Jim Williams warned.

The Lac Vieux Desert Band (LVD) has filed a lawsuit against Arturo Rojas Cardona and Juan Jose Rojas Cardona and their company, alleging that the brothers have defrauded the tribe of its $6.5 million investment in a casino in Guadeloupe, Mexico.

The lawsuit was filed originally in Arizona Superior Court in April 2008, and moved to the U.S. District Court in Arizona in July 2008. The action lists multiple claims, including “breach of contract, conversion, breach of fiduciary duty, fraud, breach of the implied covenant of good faith and fair dealing, constructive trust, and piercing the corporate veil against” the brothers and the host of companies in Mexico, the U.S. and Panama that comprise their gaming empire of 16 casinos and sports books in Mexico.

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Navajo Housing Authority v. Crownpoint District Court

November 23, 2008Matthew L.M. Fletcher

This housing case originated in Navajo courts, but has bled over into federal court. Here are the materials:

tso-motion-to-lift-stay

nha-opposition

navajo-housing-authority-v-crownpoint-district-court-dct-order

Federal Tort Claims Act Liability in CRIT Case? Maybe?

September 13, 2008September 15, 2008Matthew L.M. Fletcher

The District of Arizona federal court held that the US could be liable under the FTCA for decisions made by the Colorado River Indian Tribes social services department.

Here is the Andrade v. U.S. opinion.

Thanks to Tom Murphy for correcting my error!

Tribal Court Exhaustion Case Involving the Colorado River Indian Tribe

March 29, 2008July 7, 2014Matthew L.M. Fletcher1 Comment

The case is Water Wheel Camp v. Larance, out of the federal district court for the District of Arizona. The DCT denied a motion for a TRO from the non-Indian-owned complainant, who wanted to avoid continuing tribal court litigation over an attempt by CRIT to evict them.

Water Wheel Complaint [Includes two tribal court opinions as exhibits]

Motion for TRO [plus exhibits]

Opposition to TRO Motion

Reply Brief

DCT Order Denying TRO

Tribal appellate court decision:

crit_ct_of_appeals_opinion

Arizona Bald Eagle Delisting – Center for Biological Diversity v. Kempthorne

March 11, 2008Matthew L.M. Fletcher

The DCT for the District of the Arizona granted summary judgment to the plaintiffs challenging the Department of Interior’s delisting of the bald eagle in Arizona. Here is the Center for Biological Diversity’s press release. Several tribes participated as amici.

Here are the legal materials:

DCT Order

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Quechan v. Dept. of Interior (D. Ariz.) — Arizona Clean Fuels Refinery

February 21, 2008Matthew L.M. Fletcher

From Indianz [see the briefs and opinion below the fold]:

A federal judge has dismissed the Quechan Nation’s lawsuit over a proposed oil refinery in Arizona.

The tribe said the Bureau of Reclamation, an agency of the Interior Department, failed to address the environmental impact of a land transfer that was authorized by an act of Congress. The judge dismissed the claim as “frivolous.” Arizona Clean Fuels bought the land at issue in the transfer for an oil refinery. But the company has decided to use a different site after the tribe raised questions about the original site.

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Mike ex rel. Mike v. Office of Navajo Hopi Relocation (D. Ariz.)

January 9, 2008Matthew L.M. Fletcher

This case involved a request for relocation assistance in the context of the Navajo Hopi relocation process. The Office declined to provide assistance, but the tribal member won in court.

Here are the materials:

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EEOC v. Peabody Coal & Navajo Nation — CA9 Materials

December 31, 2007Matthew L.M. Fletcher1 Comment

This long-running case involves the Navajo tribal preference statute. The district court dismissed the claim under Rule 19 (one of my faves!). Here are the Ninth Circuit materials:

DCT Order

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