Treaty Rights Challenge to Migratory Bird Treaty Act Prosecution Fails

Here are the materials so far in United States v. Crooked Arm (D. Mont.):

Crooked Arm Indictment

Crooked Arm Motion to Dismiss

US Response

Crooked Arm Reply

DCT Order Denying Motion to Dismiss

Montana Federal Judge Cebull Retires over Racist Obama Email

Here. Via. News coverage. From the CA9:

In March 2012, U.S. District Judge Richard F. Cebull, District of Montana, wrote to Ninth Circuit Chief Judge Kozinski and asked that an inquiry be conducted as to whether Judge Cebull’s transmittal of an email containing racially offensive content constituted misconduct under the Judicial Conduct and Disability Act. 28 U.S.C. § 351 et seq.

Judge Cebull’s self-filed complaint and another were referred to a Special Committee which conducted a thorough and extensive investigation, interviewed numerous witnesses, considered voluminous documentation, including emails, and conducted an interview with Judge Cebull. The Special Committee’s Report was submitted to the Judicial Council in December 2012. On March 15, 2013 the Judicial Council issued an Order and Memorandum. Judicial Conduct Rule 20(f). Pursuant to Judicial Conduct Rules 22 and 24(a), the Order and Memorandum remains confidential during the appeal period.

At this time, Judge Cebull has submitted his retirement letter, pursuant to 28 U.S.C. § 371(a), effective May 3, 2013. The Council will have no further statement on this matter until Judge Cebull’s retirement is effective.

We posted about this last year here.

Update in Wandering Medicine v. McCulloch — Ninth Circuit Materials (so far) in Montana Voting Rights Case

Here:

Appellants Opposition to Motion

Appellees Motion to Dismiss Appeal

CA9 Order on Motion to Dismiss

News coverage here.

Lower court materials here.

Crow Housing Authority Dispute over Alleged HUD Overpayments Remanded to Agency

Here are the materials in Crow Tribal Housing Authority v. HUD (D. Mont.):

Crow Motion for Summary J

HUD Motion for Summary J

DCT Order Remanding to Agency

An excerpt:

Plaintiff Crow Tribal Housing Authority (“CTHA”) brings this action against Defendant U.S. Department of Housing and Urban Development (“HUD”) under the Administrative Procedure Act challenging the HUD’s agency action of recouping alleged over-payments of Indian Housing Block Grants (“IHBG”) to CTHA under the Native American Housing Assistance and Self-Determination Act of 1996 (“NAHASDA”), 25 U.S.C. § 4101 et seq. Pending before the Court are cross-motions for summary judgment. Docs. 51 & 60. For the following reasons, the Court concludes this case must be remanded to HUD for a proper hearing.

Federal Court Pro Se Complaint against “BIA Crow Tribal Police” Dismissed

Here is the federal magistrate’s order in Switzer v. BIA Crow Tribal Police (D. Mont.):

MJ Order

And the complaint:

Switzer Complaint

Ninth Circuit Affirms “Public Road” Decision of Interior re: BIA/Wind River Reservation Road

Here are the materials in Pine Bar Ranch LLC v. Interior Board of Indian Appeals:

CA9 unpublished opinion

Pine Bar Opening Brief

Interior Answer Brief

Pine Bar Reply

Lower court opinion here.

Updated Materials in Wandering Medicine Voting Rights Case

We posted the complaint and brief in support of a preliminary injunction here. Judge Cebull denied the motion (news coverage here).

Updated materials:

McCulloch Response

Rosebud County Response

Wandering Medicine Reply

DCT Order Denying PI

Montana Voting Rights Suit — Wandering Medicine v. MuCulloch

Here are the materials:

Wandering Medicine Complaint

Wandering Medicine Motion for PI

News coverage here and below: Continue reading →

Federal Court Dismisses Claims Relating to Bison Round-Up at Crow

Here are the materials in Siemion v. Stewert (D. Mont.):

Tribal Motion to Dismiss

MJ Order in Siemion

DCT Order in Siemion

Here is a description of the case from the MJ order:

Plaintiff Nelvette Siemion (“Siemion”), appearing pro se, filed her Amended Complaint on January 30, 2012, listing 14 counts. Am. Cmplt. (Court Doc. 32). This action stems from three general allegations that one or more of the named Defendants wrongfully (1) deprived Siemion of Crow Tribal land leases to which she was entitled; (2) rounded up, seized, and impounded about 200 head of Siemion’s bison causing her to incur penalties and costs to recover them; and (3) killed, butchered, and distributed the meat from three of Siemion’s bison bulls. The claims and the defendants against whom Siemion asserts them are discussed in more detail below.

Title VII Claim against MHA Nation & BIA Dismissed

Here are the materials in Fontanez v. MHA Nation (D. Mont.):

BIA Motion to Dismiss

Magistrate R&R

DCt Order Adopting Magistrate R&R