Eastern District of Washington – Page 3

The United States reassumed Pub. L. 83-280 criminal jurisdiction over crimes involving Indians within the Yakama Reservation from the State of Washington pursuant to 25 U.S.C. § 1323, on April 19, 2016. Years later, federal officials re-interpreted the scope of that federal reassumption to allow the State of Washington to once again exercise criminal jurisdiction over Indians within the Yakama Reservation any time a non-Indian is involved in the crime.The question presented is:
Can the United States change the scope of its reassumption of Pub. L. 83-280 jurisdiction in Indian Country years after the reassumption became effective under 25 U.S.C. § 1323 without the Yakama Nation’s prior consent required by 25 U.S.C. § 1326?

Lower court materials here.

Update (3/4/21):

Brief in Opposition

Update (3/16/21):

Yakama Reply

Ninth Circuit Briefs in Kalispel Tribe of Indians v. Dept. of the Interior

August 27, 2020February 9, 2021Matthew L.M. Fletcher

Here:

Kalispel Opening Brief

Spokane Tribe Answer Brief

Interior Answer Brief

Lower court materials here.

Federal Court Orders Eviction of Campers from Colville Allotment [. . . It’s a long story]

July 13, 2020August 12, 2020Matthew L.M. Fletcher

Here are the materials in Grondal v. Mill Bay Members Assn. (E.D. Wash.):

1-grondal-complaint.pdf

232-us-motion-for-ejectment.pdf

295-opposition-to-232.pdf

306-reply.pdf

329 DCT Order re Appointment of Counsel

411 DCT Order re Representation of Indian Allottees

438-plaintiffs-response-to-232.pdf

439-plaintiffs-motion-for-summary-judgment.pdf

441-colville-response-232.pdf

465-us-response-to-439.pdf

469-colville-response-to-439.pdf

483-reply-in-support-of-439.pdf

503-dct-order.pdf

Ninth Circuit Briefs in Yakama Nation Reservation Boundaries Case

July 8, 2020Matthew L.M. Fletcher

Here are the briefs in Confederated Tribes and Bands of the Yakama Nation v. Klickitat County :

Yakama Opening Brief

County Opening Brief

US Amicus Brief

Lower court materials here.

Ninth Circuit Decides Confederated Tribes and Bands of the Yakama Nation v. Yakima County

June 29, 2020June 29, 2020Matthew L.M. Fletcher

Here is the opinion. An excerpt:

This case presents the question whether the State of Washington may exercise criminal jurisdiction over members of the Confederated Tribes and Bands of the Yakama Nation who commit crimes on reservation land. To answer that question, we must interpret a 2014 Washington State Proclamation that retroceded—that is, gave back—“in part,” civil and criminal jurisdiction over the Yakama Nation to the United States, but retained criminal jurisdiction over matters “involving non-Indian defendants and non-Indian victims.” If “and,” as used in that sentence, is conjunctive, then the State retained jurisdiction only over criminal cases in which no party—suspects or victims—is an Indian. If, by contrast, “and” is disjunctive and should be read as “or,” then the State retained jurisdiction if any party is a non-Indian. We conclude, based on the entire context of the Proclamation, that “and” is disjunctive and must be read as “or.” We therefore affirm the district court.

Briefs here. Oral argument video here.