Federal Court Declines to Stay Mandate in Effort to Condemn Navajo Lands Saying Utility Loses Even if SCOTUS Reverses

Here are the materials in Public Service Company of New Mexico v. Approximately 15.49 Acres of Land in McKinley County (D.N.M.):

142 Motion to Confirm Stay Order

143 Response

145 Reply

147 DCT Order

Prior posts here.

Federal Court Dismisses Section 1983 Action against Sandia Pueblo Police

Here is the order in Crist v. Nix (D.N.M.):

28 DCT Order

An excerpt:

Last, Crist also names the Sandia Pueblo Police Department as a Defendant. The Sandia Pueblo Police Department is not a “person” within the meaning of 42 U.S.C. § 1983. There is no remedy against the Sandia Pueblo Police Department under § 1983 and the Complaint fails to state a claim for relief against the Sandia Pueblo Police Department Will v. Michigan Dep’t of State Police, 491 U.S. 58, 63–64 (1989). In addition, although the Court does not reach the question, an issue exists as to whether Sandia Pueblo Tribal police officers act under color of state law and are subject to liability under § 1983. Compare Burrell v. Armijo, 456 F.3d 1159, 1174 (10th Cir. 2006) (tribal officers act under color of tribal law, not state law) and Evans v. McKay, 869 F.2d 1341, 1348–49 (9th Cir. 1989) (tribal officials acting in concert with state officials act under color of state law).

Federal Court Orders Indian Prisoner to Add Charging Tribe to Suit in ICRA Habeas Action

Here is the order in Talk v. Southern Ute Detention Center (D.N.M.):

8 DCT Order

Federal Court Transfers Kewa Pueblo Prisoner’s ICRA Habeas Matter to District of Colorado

Here are the materials in Cheykaychi v. Geisen (D.N.M.):

1 Habeas Petition

4 DCT Order to Show Cause

9 Response to 4

10 DCT Order Tranferring Case to D. Colo.

ICRA Habeas Petition Dismissed for Failure to Exhaust Tribal Remedies

Here are the materials in Adams v. Elwell (D.N.M.):

1 Habeas Petition

8 DCT Order

Isleta Pueblo Sues New Mexico over Revenue Sharing

Here is the complaint in Pueblo of Isleta v. Martinez (D.N.M.):

Complaint

An excerpt:

The Plaintiffs seek a declaration, pursuant to 28 U.S.C. § 2201, that the Defendants’ ongoing effort under the 2015 Tribal-State Gaming Compacts with the State of New Mexico (“2015 Compact”) to require each Pueblo to retroactively treat all free play credits used on Gaming Machines as revenue for purposes of calculating State revenue sharing payments under the 2007 Tribal-State Gaming Compacts with the State of New Mexico (“2007 Compact”) violates federal law.

Federal Court Holds State Highway on Sandia Pueblo is Indian Country

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

62 Motion to Dismiss

68 Response

84 DCT Order

An excerpt:

THIS MATTER comes before the Court on the Defendant’s Motion to Dismiss for Lack of Federal Subject Matter Jurisdiction, filed April 10, 2017 (Doc. 62)(“Motion”). The Court held an evidentiary hearing on April 11, 2017, and a hearing on April 12, 2017. The primary issue is whether the Court has jurisdiction over this matter under the Indian Pueblo Land Act Amendments of 2005, Pub. L. No. 109-133, 119 Stat. 2573 (Dec. 20, 2005), codified at 25 U.S.C. § 331 Note, because the automobile collision giving rise to Plaintiff United States of America’s criminal prosecution against Defendant Jeffrey Antonio, which occurred on private land, nonetheless occurred within the exterior boundaries of the 1748 Spanish land grant to the Sandia Pueblo, which Congress confirmed in the Act of December 22, 1858, 11 Stat. 374, 374 (1859). The Court concludes: (i) the automobile collision giving rise to this criminal cause of action occurred within the exterior boundaries of the 1748 Spanish land grant; and, consequently, (ii) under 25 U.S.C. § 331 Note, the Court has jurisdiction over this matter. Accordingly, the Court denies Antonio’s Motion.

ICRA Habeas Matter Involving Pueblo of Kewa

Here are the materials so far in Garcia v. Elwell (D.N.M.):

1 Habeas Petition

4 Warden Response

5 Motion to Dismiss

8 DCT Order

Federal Magistrate Orders Release of Jemez Pueblo Prisoner for ICRA Violations

Here are the materials in the case now captioned Fragua v. Elwell (D.N.M.):

18 Magistrate Recommendation

20 Magistrate Order of Release

Prior post here.

Federal Magistrate Recommends Immediate Release of Indian Prisoner for ICRA Right to Counsel Violation

Here are the materials so far in Fragua v. Casamento (D.N.M.):

1 Habeas Petition

6 Jailer Response

7 Prisoner Reply

12 Magistrate Report