District of Montana – Page 14

Federal Court Dismisses Action to Enjoin Tribal Court Action for Failure to Exhaust Tribal Remedies

May 27, 2011Matthew L.M. Fletcher

Here are the materials in City of Wolf Point v. Mail (D. Mont.):

From the opinion:

This action, alleging jurisdiction under 28 U.S.C. § 1331, was brought by the City of Wolf Point, Mayor DeWayne Jager, Wolf Point Police Commissioners, Wolf Point City Council, Police Chief Jeff Harada, and Troy Melum (collectively “City”) against Julianne Mail (“Mail”) and Alyssa Eagle Boy (“Eagle Boy”). It was filed on the heels of commencement of suit by Mail and Eagle Boy in Fort Peck Tribal Court against the Plaintiffs here, seeking compensatory damages, punitive damages, legal fees, and costs for claims under tribal law arising from an alleged altercation between Mail, Eagle Boy, and Troy Melum, who is characterized as a City of Wolf Point Animal Control Officer. Plaintiffs seek a judgment of dismissal of the pending tribal court case on subject matter jurisdiction grounds.

Morrison v. Spang — Civil Rights Suit against N. Cheyenne Officials Dismissed by Federal Court

February 4, 2011February 3, 2011Matthew L.M. Fletcher

Here are the materials:

Morrison — Magistrate R&R

Morrison — DCT Order

Challenge to Crow Tribal Court Jurisdiction Dismissed on Exhaustion Grounds

August 25, 2010Matthew L.M. Fletcher

Here are the materials in Switzer v. Dust (D. Mont.):

Switzer Magistrate Report

Switzer DCT Order

Federal Court Enforces Tribal Court Order re: Foreclosure of Indian Property

July 9, 2010July 9, 2010Matthew L.M. Fletcher1 Comment

Here are the materials in Citizens Bank v. Wellman (D. Mont.):

Wellman Motion for Summary Judgment

Citizens Motion for Summary Judgment

Citizens DCT Order

Interesting procedural history, though not pretty:

On March 9, 2000, Citizens instituted a mortgage foreclosure proceeding against Wellman in the Blackfeet Tribal Court. Judgment was entered in favor of Plaintiffs on December 31, 2001. Sale of the mortgaged property, War Bonnet Inn, was ordered. Wellman appeal. On March 16, 2005, the Blackfeet Court of Appeals affirmed the judgment and ordered foreclosure sale to proceed without further delay. Sale was carried out on May 31, 2005. Citizens purchased the property.

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Civil Rights Claim by Crow Indians against FBI Dismissed

June 24, 2010Matthew L.M. Fletcher

Mostly. One claim against an FBI officer remains.

The case is Cole v. FBI (D. Mont.): DCT Order Dismissing Cole Plaintiffs

The complaint is here: Cole Complaint.

Excerpts from news coverage here, via Pechanga:

Cebull agreed that the Coles and Springfield lacked standing to assert rights as individuals because they did not allege they had been the subject of discriminatory law enforcement. The link between injuries alleged by the plaintiffs and the alleged misconduct of the government employees was too weak to meet requirements for bringing a case, he said.

The court, however, held that the plaintiffs had standing to assert an equal-protection claim against Oravec and did not dismiss that claim.

Cebull agreed with Ostby that factual allegations “create an inference’’ that Oravec was “motivated by racial animus when conducting his investigation into the deaths of Steven Bearcrane and Robert Springfield.”

The plaintiffs alleged that Oravec had been heard to say that female American Indian victims of sexual assault “were asking for assault or words to that effect.” And, they claimed, Oravec tried to hinder crime investigations and that when the Coles visited the FBI offices to ask about the investigation into their son’s death, he attempted to intimidate Cletus Cole by taking him out of camera range and showing him his gun.

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Morrison v. Spang — Tribal Court Exhaustion in ICRA Habeas Proceeding

February 10, 2010Matthew L.M. Fletcher

Here are the materials from the District court in Montana:

Morrison Magistrate Report

Morrison DCT Order

Federal Court Dismisses Medical Claims against Northern Cheyenne Officials

January 4, 2010Matthew L.M. Fletcher

Here is the opinion in Wallace v. N. Cheyenne Corrections Officers (D. Mont.) — Wallace v Northern Cheyenne Corrections Officers

An excerpt:

Frequently, prisoners bring denial of medical care claims in federal court pursuant to 42 U.S.c. § 1983. But Wallace cannot establish that the tribal entities and officers acted “under color of state law,” as is required to state a claim under § 1983. “[N]o action under 42 U.S.C. § 1983 can be maintained in federal court for persons alleging deprivation of constitutional rights under color of tribal law.” RJ Williams Co. v. Fort Belknap Hous. Auth., 719 F.2d 979, 982 (9th Cir. 1983).

No ICRA Habeas Right in Tribal Criminal Contempt Fine

October 31, 2009Matthew L.M. Fletcher

Here is the magistrate’s report in Boyd v. Fort Peck Tribes, adopted by the judge a few days ago — Boyd v Fort Peck Tribes R&R

An excerpt:

On September 10, 2009, Petitioner Roberta Boyd filed this action seeking a writ of habeas corpus under 25 U.S.C. § 1303. Petitioner is proceeding pro se.

The Fort Peck Tribal Court ordered Petitioner to pay a $500.00 fine for criminal contempt. Pet. (doc. 1) at 2 ¶¶ 3-4. A writ of habeas corpus is available under 25 U.S.C. § 1303 “to test the legality of his detention by order of an Indian tribe.” The phrase “detention” has the same meaning as “custody” under28 U.S.C. §§ 2241 and 2254. Imposition of a fine does not constitute custody or detention. Moore v. Nelson, 270 F.3d 789, 791-92 (9th Cir.2001). The writ of habeas corpus is not available. The Court lacks subject matter jurisdiction to entertain this action. It should be dismissed.

PacificCorp v. Real Bird — No Tribal Court Jurisdiction

December 6, 2008Matthew L.M. Fletcher

This case, out of the District of Montana, involves a trespass claim in Crow Tribal Court by Crow allottees regarding a transmission wire owned by PacificCorp.

pacificorp-motion-for-summary-judgment

real-bird-motion-to-dismiss

magistrate-findings-and-recommentations

order-adopting-findings-and-recommendations