District of Montana

Montana Federal Court Dismisses Native Inmates’ Suit over Jail Conditions that Allegedly Violate Hellsgate Treaty Because 11th Amendment Makes State Officials Immune (which a textualist would know says nothing like that whatsoever)

Matthew L.M. Fletcher

Here are the materials in Black Crow v. Lake County Jail, recaptioned In re Conditions at Lake County Jail (D. Mont.):

2 Complaint.pdfDownload
28 Motion to Dismiss.pdfDownload
41 Opposition.pdfDownload
50 Reply.pdfDownload
111 DCT Order.pdfDownload

Fort Belknap Sues United States over Law Enforcement Funding

Matthew L.M. Fletcher

Here is the complaint in Fort Belknap Indian Community v. United States (D. Mont.):

1-complaint-2Download

Update (6/1/25):

95 Second Amended Complaint.pdfDownload

Montana Federal Court Will Decide Whether Nonmember Lease at Blackfeet Was Cancelled, Rejecting Nonmember Ploy to Declare Bankruptcy to Avoid a Judgment

Matthew L.M. Fletcher

Here are the materials in Eagle Bear Inc. v. Blackfeet Indian Nation (D. Mont.):

51 Eagle Bear 2d Motion for Injunction

54 Blackfeet Opposition

57 Eagle Bear Motion to Vacate

59 Blackfeet Opposition to Motion to Vacate

65 Blackfeet Brief on Automatic Stay Issue

66 Eagle Bear Brief on Automatic Stay Issue

85 Blackfeet Notice re BIA Filing

85-3 US Motion to Dismiss

87 DCT Order

CA9 Order Granting Bankruptcy Stay

Prior post here.

Ninth Circuit briefs here.

Montana Federal Court Dismisses Contract Claim over Sale of C-Store on Trust Land at Blackfeet [interpretation of 28 U.S.C. § 1353]

Matthew L.M. Fletcher

Here are the materials in Kumar v. Schildt (D. Mont.):

1 Complaint

13 Motion to Dismiss

16 Response

17 Reply

24 DCt Order

Luckily for all parties, the tribal court appears to be across the street from the store.

Suit Filed to Challenge Montana Human Rights Commission’s Power to Enforce State Law Protections of Anti-Vaxxers in Indian Country

Matthew L.M. Fletcher

Here is the complaint in Glacier County Regional Port Authority v. Esau (D.Mont.):

1 Complaint.pdfDownload

Montana Federal Court Allows Tribal Members’ Race Discrimination Complaint against Telephone Coop to Proceed

Matthew L.M. Fletcher

Here are the materials in Barnes v. 3 River Telephone Cooperative, Inc. (D. Mont.):

9 Amended Complaint.pdfDownload
14 Motion to Dismiss.pdfDownload
20 Response.pdfDownload
23 Reply.pdfDownload
30 DCT Order.pdfDownload
Itspeteski

Cert Petition in Big Horn County Electric Cooperative Inc. v. Big Man

Matthew L.M. Fletcher

Here:

Big Horn Petition.pdfDownload
Big Horn Petition Appendix.pdfDownload

Question presented:

Whether an Indian tribal court has subject-matter jurisdiction to adjudicate a tribally created claim as an “other means” of regulating a nonmember federally funded and federally regulated electric cooperative tasked with providing electrical service to all customers within its service territory, including tribal members on Indian reservations?

Lower court materials here.

Update:

Big Man Brief in Opposition.pdfDownload
Reply.pdfDownload

Northern Cheyenne Tribe Sues Interior over Reservation Policing

Matthew L.M. Fletcher

Here is the complaint in Northern Cheyenne Tribe v. United States (D. Mont.):

1 Complaint.pdfDownload
1-1 Exhibit 1.pdfDownload

Ninth Circuit Affirms Crow Jurisdiction over Utility

Matthew L.M. Fletcher

Here is the unpublished opinion in Big Horn County Electric Cooperative v. Big Man.

Briefs here.

Lower court materials here.

Crow Fair, Crow Agency, Montana: processions and regalia, 1979

Ninth Circuit Briefs in Eagle Bear Inc. v. Blackfeet Indian Nation

Matthew L.M. Fletcher
Babb Indian Rodeo, Blackfeet Indian Reservation of Montana, 1979

Here:

eagle-bear-opening-briefDownload
blackfeet-answer-briefDownload

Lower court materials here.