Here is the complaint in Fond du Lac Band of Lake Superior Chippewa v. Stepp (D. Minn.):
District of Minnesota
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.):
17 County Answer + Counterclaim
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.):
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.):
39 Defendant Motion to Dismiss
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.
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.):
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 Dismisses Pro Se Wrongful Termination Claim against White Earth Ojibwe
Here are the materials in Harper v. White Earth Human Resources (D. Minn.):
Federal Court Orders Tribal Exhaustion in Repo Matter
Here are the materials in Tiessen v. Chrysler Capital (D. Minn.):
Federal Court Refuses to Suppress Statements Made to Red Lake Tribal Police in Federal Prosecution
Here are the materials in United States v. Makwa (D. Minn.):
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