District of New Mexico

Tenth Circuit Rules in Favor of Jemez Pueblo’s Aboriginal Rights Suit re: Valles Caldera

Matthew L.M. Fletcher

Here is the opinion in Pueblo of Jemez v. United States.

An excerpt:

In our circuit, both before and after Jemez I, the Jemez Pueblo could lose its established aboriginal title to Banco Bonito only if its title had been extinguished or abandoned. And the district court concluded that neither of those conditions had occurred. So in accordance with longstanding Supreme Court precedent, and by the district court’s findings, the Jemez Pueblo still has aboriginal title to Banco Bonito.

Links to briefs and lower court materials here.

New Mexico Federal Court Dismisses Most of Federal Criminal Charges against Navajo Citizen for Selling Hawk and Eagle Feathers

Matthew L.M. Fletcher

Here are the materials in United States v. Skeet (D.N.M.):

44 Superceding Indictment.pdfDownload
27 D MTD.pdfDownload
33 US Response to MTD.pdfDownload
36 D Reply to MTD.pdfDownload
50 Order on MTD.pdfDownload
Not a bird

New Mexico Federal Court Enjoins State Court Tort Claim against Pojoaque Pueblo, Choosing Federal Precedent over State Precedent

Matthew L.M. Fletcher

Here are the materials in Pueblo of Pojoaque v. Wilson (D.N.M.):

25-1 Tribe MSJ.pdfDownload
28-1 Martinez Response.pdfDownload
29 Wilson Response.pdfDownload
31 Tribe Reply to Wilson Response.pdfDownload
32 Tribe Reply to Martinez.pdfDownload
38 DCT Order.pdfDownload

Complaint here.

New Mexico Federal Court Rejects Criminal Convict’s Request for Downward Variance in Sentence; Challenge to Major Crimes Act as Racial Classification

Matthew L.M. Fletcher

Here are materials in United States v. Jojola (D.N.M.):

81 Memo in Support of Downward Variance.pdfDownload
92 Government Response.pdfDownload
96 Reply.pdfDownload
125 DCT Order.pdfDownload

Of course, if SCOTUS goes the wrong way in Brackeen, this case and hundreds will go much differently.

New Mexico Federal Court Allows FTCA Claim over Navajo Irrigation Project Damage

Matthew L.M. Fletcher

Here are the materials (So far) in Navajo Agricultural Products Industries v. United States (D.N.M.):

1 Complaint.pdfDownload
4 US Motion to Dismiss.pdfDownload
8 Response.pdfDownload
9 Reply.pdfDownload
12 DCT Order.pdfDownload

New Mexico Federal Court Grants Funding Injunction to Fort Defiance Indian Hospital against IHS

Matthew L.M. Fletcher

Here are the materials in Fort Defiance Indian Hospital Board v. Beccera (D.N.M.):

27 Amended Complaint 2022-05-27 11_54_13.pdfDownload
29 Motion for PI 2022-05-27 11_54_40.pdfDownload
35 Opposition 2022-05-27 11_55_08.pdfDownload
41 Reply 2022-05-27 11_55_44.pdfDownload
Dkt 56 Meomorandum Opinion and Order 2022-05-27 11_51_22.pdfDownload