Eighth Circuit

Eighth Circuit Decides Yankton Reservation Dispute

Matthew L.M. Fletcher2 Comments

Here is the opinion in Yankton Sioux Tribe v. Podhrasky. Briefs are here. The holdings:

With respect to the judgment of the district court, we therefore:
(1) affirm insofar as it concluded that the agency trust lands, the outstanding
allotments, and the IRA trust lands are part of the Yankton Sioux Reservation
and are Indian country under § 1151(a),
(2) affirm its alternative holding that the miscellaneous trust lands constitute a
dependent Indian community and are Indian country under § 1151(b),
(3) vacate the district court’s holding that fee lands continuously held in Indian
ownership are reservation under § 1151(a), and
(4) affirm its denial of all other claims for relief.

With respect to the judgment of the district court, we therefore:

(1) affirm insofar as it concluded that the agency trust lands, the outstanding allotments, and the IRA trust lands are part of the Yankton Sioux Reservation and are Indian country under § 1151(a),

(2) affirm its alternative holding that the miscellaneous trust lands constitute a dependent Indian community and are Indian country under § 1151(b),

(3) vacate the district court’s holding that fee lands continuously held in Indian ownership are reservation under § 1151(a), and

(4) affirm its denial of all other claims for relief.

Expect a cert petition or request for en banc review from South Dakota.

Leonard Peltier Loses Document Case in Eighth Circuit

Matthew L.M. Fletcher

From How Appealing:

“Court rules against Peltier in documents case”: The Associated Press has a report that begins, “Imprisoned American Indian activist Leonard Peltier has lost another round in court in his effort to compel the FBI to disclose about 10,500 pages of documents about his case.” You can access today’s ruling of the U.S. Court of Appeals for the Eighth Circuit at this link.

Case to Watch — Amerind v. Malaterre

Matthew L.M. Fletcher2 Comments

The Eighth Circuit will be hearing Amerind v. Malaterre shortly. The appellant’s brief is here (amerind-appellant-brief). Our previous posting, with the district court materials and opinion, and the Turtle Mountain appellate court opinion is here. [Disclosure–I was a sitting appellate judge for the tribal court, but I did not participate in this matter.]

This case is a case to watch because it is a candidate for Supreme Court review under Montana v. United States. Maybe not a great candidate, but anything’s possible in the Roberts Court when it comes to tribal court jurisdiction over nonmembers.

Amerind is an insurance company chartered under federal law (according to my understanding, which could be wrong) that insures tribal housing. This case involves a fire at Turtle Mountain. Plaintiffs sued the Turtle Mountain Housing Authority, which was insured by Amerind. During the tribal court proceedings, the housing authority dropped out as a defendant, leaving Amerind as the insurance company and sole defendant. I suspect there is much confusion on the question of whether an insurance company can be a named defendant as a replacement for the real defendant (or alleged tortfeasor), since it is usually the insurance company that handles the defense and even hires the lawyers. Amerind, like any insurance company, is looking for an out.

Continue reading →

U.S. v. Janis — CA8 Affirms Conviction for Embezzlement from Tribe

Matthew L.M. Fletcher

Here is the opinion in United States v. Janis, affirming a conviction under 18 USC 1163 for embezzling funds from an Indian tribe, the Oglala Sioux Tribe — us-v-janis-ca8-opinion

Eighth Circuit Upholds Sentence of South Dakota Indian

Matthew L.M. Fletcher

The opinion in United States v. Walking Eagle is here — us-v-walking-eagle

United States v. Graham — CA8 Appellant Brief

Matthew L.M. Fletcher

The government is appealing the dismissal of an indictment against one of the alleged conspirators who murdered Anna Mae Aquash, John Graham. Here is the opening brief — us-v-graham-appellant-brief

Eighth Circuit Divides over Malpractice Claims against Dorsey & Whitney re: St. Regis Mohawk Gaming Concern

Matthew L.M. Fletcher

Here is the Eighth Circuit’s opinion in Leonard v. Dorsey & Whitney (h/t How Appealing). Dorsey wins, and the dissent is about jurisdiction, not the merits.

Eighth Circuit Upholds Major Crimes Act Conviction

Matthew L.M. Fletcher1 Comment

In United States v. Antelope, the Eighth Circuit dismissed the appeal of a member of the Cheyenne River Sioux Tribe, who had pled guilty below. He argued on appeal that since he had also been prosecuted in tribal court, the government had violated the double jeopardy clause.

Here is the opinion.

US v. Spotted Elk — Eighth Circuit Reverses Drug Conviction

Matthew L.M. Fletcher

The Eighth Circuit reversed one conviction in U.S. v. Spotted Elk, a case involving convictions in a large drug ring on the Oglala Sioux Tribe.

us-v-spotted-elk

Eighth Circuit: Oglala Sioux Tribe Waiver of Immunity

Matthew L.M. Fletcher1 Comment

The Eighth Circuit held in Oglala Sioux Tribe v. C&W Enterprises that the tribe waived its immunity from suit in an enforcement action in state court despite the fact that the tribe had not expressly waived its immunity via the contract. Here are the materials:

appellant-brief

appellee-brief

oglala-v-c&w-ca8-opinion