Eighth Circuit – Page 4

Eighth Circuit Shows Against Why FTCA’s Discretionary Function Exception Should Be Canned

June 12, 2023Matthew L.M. Fletcher

Here is the cursory, bloodless opinion in Mound v. United States.

Briefs here. Lower court materials here.

An excerpt:

In 2014, the Tribe identified a culvert—a structure that channels water under a road—as a potential maintenance project. In 2018, based on an engineering assessment, the Tribe decided to replace the culvert. Because its existing contract did not authorize funding for the project, the Tribe sought a new contract with the BIA. Before the new contract was finalized, heavy rains collapsed the culvert, leaving a large gap in the road. Four cars drove into the gap and plunged into the water. Trudy Peterson and James Vander Wal were swept downstream and died. Evan Thompson and Steven Willard suffered serious injuries.

Split Eighth Circuit Panel Shields Communications between North Dakota Legislators and Constituents that Probably Shows Racial Animus against Native Voters

June 6, 2023Matthew L.M. Fletcher

Here are the materials in In re: North Dakota Legislative Assembly:

Opinion

Petition for Writ of Mandamus

Turtle Mountain Opposition

The underlying case is here.

Eighth Circuit Affirms Indian Country Drug Conviction over Potentially Interesting Jurisdictional Objections

May 3, 2023Matthew L.M. Fletcher

Here is the opinion in United States v. Milk.

Briefs:

Opening Brief

Federal Answer Brief

An excerpt from the opinion:

Milk, who is Native American and an enrolled member of the Oglala Sioux Tribe, contends that the district court lacked jurisdiction because (1) he was convicted of crimes that are not enumerated under the Major Crimes Act, 18 U.S.C. § 1153,4 and (2) under the General Crimes Act, 18 U.S.C. § 1152, the alleged unlawful acts in this case occurred on the Pine Ridge Reservation and only involved American Indian people. But Milk’s arguments are foreclosed by precedent.