Bivens Action against Former Haskell President over Censorship of “Indian Leader” Newspaper Dismissed

Here are the materials so far in Nally v. Graham (D. Kan.):

1 Complaint

13 Motion for Preliminary Injunction

20 Motion to Dismiss Bivens Action

21 Federal Defendants Response to 13

22 Response to 20

27 Reply in Support of 20

33 DCT Order Granting 20

Interior’s Acquisition of Wyandotte Nation Trust Land Affirmed

Here are the materials in State of Kansas v. Dept. of the Interior (D. Kan.):

35 Interior Motion to Strike

34 Plaintiffs Motion

40 Interior Brief

36 Response to 35

42 DCT Order

41 Reply

Prior post here.

Federal Court Declines to Enjoin Interior Trust Acquisition of Land for Wyandotte Nation in Kansas

Here are the materials in State of Kansas v. Bernhardt (D. Kan.):

1 Complaint

14 Motion for Preliminary Injunction

19 Response

21 Reply

22 DCT Order

Kansas, Sac and Fox Nation, and Iowa Tribe Sue Interior over Wyandotte Nation Trust Land Acquisition

Here is the complaint in State of Kansas v. Bernhardt (D. Kan.):

1 Complaint

1-2 Secretary’s Decision Letter

CFPB Voluntarily Dismisses Case Against Tribal Lender

Here is the notice in Consumer Financial Protection Board v. Golden Valley Lending et al, 17-cv-02521 (Kan.):

101 – Notice of Voluntary Dismissal Pursuant to F.R.C.P. 41(a)(1)(A)(i)

From Law360(Paywall):

The federal government filed a notice of voluntary dismissal of its loan practices suit against four lenders owned by the Habematolel Pomo of Upper Lake, but didn’t offer a specific reason why. The CFPB said in a brief statement to Law360 that it would “continue to investigate the transactions that were at issue,” but declined to comment further because it was an open enforcement issue.

The government did say, however, in a filing from Dec. 5 that the bureau wanted more time to “consult with new leadership” before it submitted additional briefs.

The CFPB’s move to toss the case came just two days after news that the bureau planned to reopen a controversial rule that would bring federal regulations to the payday lending and auto-title lending industries.

The CFPB under its former director, Richard Cordray, finalized a rule in October that would for the first time mandate that payday lenders determine that borrowers can afford the loans they take out, amid a host of other major reforms, marking the last major action of his tenure.

But Office of Management and Budget Director Mick Mulvaney, who is serving as the acting director of the CFPB under an appointment by President Donald Trump that is currently being contested at the D.C. Circuit, is a known opponent of the rule, and on Tuesday he made his move to reopen rulemaking procedures, with the likely effect of taking apart many of its most important provisions.

Federal Court Dismisses Habeas Petition by Kickapoo Member for Failure to Exhaust Tribal Remedies

Here are the materials in Darnell v. Merchant (D. Kan.):

1 Habeas Petition

15 Response

17 Reply

33 DCT Order

An excerpt:

Petitioner Bobbie Darnell, a member of the Kickapoo Tribe in Kansas (the “Tribe”), filed a Petition for Writ of Habeas Corpus pursuant to 25 U.S.C. § 1303 seeking relief from her tribal court convictions and sentence. Petitioner requests that the Court issue a writ of habeas corpus commanding her immediate release from jail in Brown County, Kansas, overturning her convictions in Kickapoo criminal cases numbers CRM016-11 and CRM016-23, and staying all further tribal court action against her (Doc. 1). In addition, Petitioner has filed a motion for release on her own recognizance (Doc. 25). As explained below, the Court denies the Petition for Writ of Habeas Corpus because Petitioner has not exhausted her tribal remedies. The Court further denies Petitioner’s motion for release on her own recognizance as moot.

Materials in Kickapoo Tribe of Kansas ICRA Habeas Matter

Here are the materials so far in Darnell v. Merchant (D. Kan.):

1 Habeas Petition

10 DCT Order to Show Cause

12 Motion to Disqualify Counsel

15 Response to 1 & 10

16 Response to 12

18 Reply in Support of 1 & 10

20 Magistrate Order

An excerpt:

Darnell was convicted on March 9, 2017 in two cases before the Tribal Court of tampering with records, fraudulent handling of recordable instruments, and misuse of tribal funds. Although initially released on a cash bond pending sentencing, Darnell was subsequently arrested and has been incarcerated in the Brown County, Kansas Jail since March 31, 2017. On April 14, 2017, Darnell filed her petition for a writ of habeas corpus (the “Petition”). On April 24, 2017, Darnell was sentenced to 18 months and 22 months incarceration, to run concurrently, on her conviction in the two cases. On May 4, 2017, Darnell filed a supplement to her Petition. In her Petition and supplement, Darnell alleges that the Tribal Court committed a number of errors and improprieties with regard to her trial, sentencing, and incarceration, and that she was deprived of her liberty without due process of law as required under the Indian Civil Rights Act. Lemon served as Special Prosecutor for the Kickapoo Tribe in prosecuting Darnell and tried her jury trial that is the subject of this habeas corpus action.

Kansas’ Challenge to Quapaw Trust Land Acquisition Dismissed

Here are the materials in State of Kansas ex rel. Schmidt v. National Indian Gaming Commission (D. Kan.):

43 US Motion to Dismiss

51 Quapaw Motion to Dismiss

56 Opposition to 51

60 Opposition to 43

68 Quapaw Reply

88 US Reply

91 DCT Order

Federal Court Holds ERISA Abrogates Tribal Immunity

Here are the materials in Coppe v. Sac & Fox Casino Healthcare Plan (D. Kan.):

32 Motion to Dismiss

34 Opposition

37 Reply

47 DCT Order

An excerpt:

The statutory language of ERISA in 29 U.S.C. § 1002(32) demonstrates that Congress specifically intended for Indian tribes to maintain sovereign immunity for some employee benefit plans and to abrogate it for others. The language makes it clear that the exemption from the requirements of ERISA applies if all the employees in the plan established by an Indian tribe are “in the performance of essential governmental functions but not in the performance of commercial activities [whether or not an essential government function].”

Congress’s 2006 amendments to ERISA constitute an unequivocal waiver of sovereign immunity for tribal employee plans that perform commercialfunctions. Even before those amendments, circuit courts found ERISA applicable to Indian tribes whose employees performed non-governmental functions. Lumber Indus. Pension Fund v. Warm Springs Forest Prods. Indus., 939 F.2d 683 (9th Cir. 1991); Smart, 868 F.2d at 929.