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.
Eighth Circuit
Eighth Circuit: Oglala Sioux Tribe Waiver of Immunity
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:
Prisoner Religious Freedom Case in Eighth Circuit
In Fowler v. Crawford, the Eighth Circuit affirmed a district court dismissal of a claim that a prison’s denial of access to a sweat lodge to a Cherokee descendant violated the Religious Freedom Restoration Act. Here are the materials:
Yankton Sioux v. US HHS — CA8 Decision
Here is the opinion, which was reported in Indianz yesterday.
Here are the briefs:
Nord v. Kelly — Tribal Court Jurisdiction over Tort Claim Arising on State Highway
Here, the Eighth Circuit affirmed the DCT opinion rejecting the jurisdiction of the Red Lake Band of Chippewa Indians tribal court over a tort claim arising out of an auto wreck on a state highway within the reservation. Judge Murphy concurred in a separate opinion, noting the distinction between the Red Lake Reservation, which has never been ceded, and the reservation of the Mandad, Hidatsa, and Arikara Nation, where the Strate case arose.
Here are the materials:
Hinsley v. Standing Rock C.P.S. (CA8) — Federal Tort Claims Act
Apparently, persons covered by the Federal Tort Claims Act retain immunity from suit by exercising their “discretion” to place children with alleged child molesters without warning the parents. Hinsely v. Standing Rock Child Protective Services (CA8)
Here are the briefs:
Plains Commerce Bank v. Long Family Land & Cattle Co. Materials — Additional Update
Here is the entire set of Plains Commerce Bank v. Long Family Land and Cattle Co. materials, with the addition of two tribal court lower court orders:
ETA: Final SCOTUS decision has been added to this post as well.
Commentary on the Plains Commerce Bank Cert Grant
The Supreme Court’s decision to grant certiorari in Plains Commerce Bank v. Long Family Land & Cattle Co. surprised me a great deal. It proves, I think, that Indian law scholars and practitioners cannot claim to predict how the Supreme Court is going to act (no big surprise there, given how few Indians or Indian lawyers have clerked for the Court), but I also think it shows that the so-called Supreme Court bar can miss one every now and then [SCOTUSBlog’s Petitions to Watch seemed to miss this one].
SCt Grants Cert in Plains Commerce Bank
The Supreme Court agreed to hear Plains Commerce Bank v. Long Family Land and Cattle Co. (No. 07-411). Here and here are our previous posts on this case that include the briefs and other materials. Here is the Court’s order. Opening briefs are due Feb. 14, response briefs due on March 12.
Plains Commerce Bank v. Long Family Land & Cattle Co. Materials — Update
Plains Commerce Bank’s cert petn reply brief is here: Reply Brief
All other materials are at our previous post.
Turtle Talk 
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