Federal Court Dismisses Tribal Member’s Property Claims against Fond du Lac Ojibwe

Here are the materials in Begay Dobbs v. Fond Du Lac Reservation Business Committee (D. Minn.):

19 Amended Complaint + Exhibits

23 Motion to Dismiss

32 Opposition

35 Reply

39 Magistrate Report

43 Objections

44 DCT Order

Fond du Lac Ojibwe Sues EPA over Mine, “Existential Threat” to Tribe

Here is the complaint in Fond du Lac Band of Lake Superior Chippewa v. Stepp (D. Minn.):

1-complaint-3.pdf

Mille Lacs Ojibwe Law Enforcement Suit against Mille Lacs County

Here are the materials in Mille Lacs Band of Ojibwe v. County of Mille Lacs (D. Minn.):

1 Complaint

17 County Answer + Counterclaim

27 MTD Counterclaim

35 Response

38 Reply

46 DCT Order Dismissing Counterclaims

72 Magistrate Letter

73 Objection to Letter

76 DCT Order

Federal Court Dismisses Tort Claim against Tribal Casino for Lack of Diversity Jurisdiction

Here are the materials in Dettle v. Treasure Island Resort & Casino (D. Minn.):

11 amended complaint

24 motion to dismiss

31 response

38 magistrate report

41 letter to court

42 response to objection

43 dct order

Federal Court Dismisses Effort to Appeal Shakopee Tribal Court Marriage Dissolution/Child Custody Order

Here are the new materials in Nguyen v. Gustafson (D. Minn.):

35 Tribal Motion to Dismiss

39 Defendant Motion to Dismiss

41 Plaintiff Opposition

43 Gustafson Reply

44 Tribal Reply

47 DCT Order Granting Motion to Dismiss

Prior post here.

Dismissal of the Watso v. Piper Case

There have been a long series of federal cases in Minnesota involving tribal court child welfare jurisdiction over non-member children residing on the reservation (Watso, Nguyen). Most recently, Watso v. Piper was dismissed. The magistrate’s decision (that was upheld), is particularly well written.

Magistrate Report

Memorandum Opinion and Order

Watso v. Jacobson here

Americans for Tribal Court Equality here

Federal Court Rejects Effort to Appeal Shakopee Tribal Court Marriage Dissolution/Child Custody Order

Here are the materials in Nguyen v. Gustafson (D. Minn.):

6 Motion for PI

25 Response

28 Reply

29 DCT Order

The plaintiff in this case is also the plaintiff in Americans for Tribal Court Equality v. Piper.

Doe v. Jesson Case (MN Federal ICWA Case) Dismissed as Moot

Here is the opinion.

After two years, the Minnesota federal district court dismissed the voluntary adoption case challenging the provisions of the Minnesota Indian Family Preservation Act (MIFPA) allowing for notice and intervention of a child’s tribe in the proceedings. While the court states that the case presented Constitutional questions, the proceedings were moot and did not meet the standard for capable of repetition but evading review to keep the case live. There’s a nice discussion of that standard for practitioners who have been wondering how that might work in a child welfare case.

Plaintiffs have 30 days to file a notice of appeal if they so choose.

This is the last of the summer 2015 batch of federal ICWA challenges filed. All of them were ultimately dismissed. Carter v. Washburn is currently on appeal to the 9th Circuit.

Federal Court Orders Tribal Exhaustion in Repo Matter

Here are the materials in Tiessen v. Chrysler Capital (D. Minn.):

15 Repossessor Motion to Dismiss

28 Opposition

33 Reply

41 Magistrate Report

42 DCT Order