Second Circuit Issues Decision in Shinnecock Fishing Rights Case

Non-decision, more like. Here are the materials in Silva v. Farrish:

Where’s this guy when you need him?

Opinion here. Excerpt from the court’s syllabus:

We hold that Ex parte Young applies to the plaintiffs’ fishing-rights claims against the New York State Department of Environmental Conservation (“DEC”) officials— but not against the DEC itself—because the plaintiffs allege an ongoing violation of federal law and seek prospective relief against state officials. We also hold that the plaintiffs have Article III standing to seek prospective relief and that Younger abstention no longer bars Silva from seeking prospective relief because his criminal proceedings have ended. We therefore conclude that the district court erred in granting summary judgment to the DEC officials on the plaintiffs’ claims for declaratory and injunctive relief. The district court properly granted summary judgment on the discrimination claims because there is no evidence in the record that would permit an inference of discriminatory intent.

Lower court materials here.

Ninth Circuit Briefs in Northwestern Band of Shoshone Indians v. State of Idaho

Topside briefs here:

Response briefs TK.

Lower court materials here.

Little Soldier

Idaho Federal Court Dismisses Northwestern Shoshone Hunting Rights Claim

Here are the materials in Northwestern Band of the Shoshone Nation v. State of Idaho (D. Idaho):

Federal Court Allows Seneca Trespass Action against New York Thruway to Proceed, Allows Interlocutory Appeal

Here are the materials in Seneca Nation v. Cuomo (W.D. N.Y.):

41 Seneca Supplemental Brief

44 New York Supplemental Brief

47 Seneca Supplemental Brief

48 DCT Order

Earlier briefs here.

Federal Magistrate Recommends Dismissal of Shinnecock Members’ Off-Reservation Fishing Rights Suit [again]

Here are the updated materials in Silva v. Farrish (E.D. N.Y.):

83-6 Suffolk County Motion for Summary Judgment

83-10 Opposition

83-12 Reply

84-8 New York Motion for Summary Judgment

84-13 Opposition

84-14 Reply

89 Magistrate Report

Prior post here.

Case Materials in Seneca Nation v. Andrew Cuomo, et. al. (W.D.N.Y) [New York Thruway Easement]

Here:

Doc. 1_Complaint (04.11.18)

Doc. 16 and 16-1_Defs’ Motion to Dismiss (06.05.18)

Doc. 22_Pltf’s Response in Opp to Defs MTD (08.10.18)

23 Reply

29 Magistrate Report

Update:

32 Objections

36 Response

37 Reply

Federal Court Allows Bishop Paiute Suit against Inyo County re: Tribal Law Enforcement Authority to Proceed

Here are the materials in Bishop Paiute Tribe v. Inyo County (E.D. Cal.):

45-1 inyo county mtd

46-1 sheriff mtd

49 opposition

47-1 inyo da mtd

61 dct order

Tenth Circuit Strikes Down Part 291 Secretarial Procedures

Here is the opinion in State of New Mexico v. Dept. of Interior.

Briefs here.

Seminole Tribe Prevails in Dispute with Florida over Banked Games

Here are the materials in Seminole Tribe of Florida v. State of Florida (N.D. Fla.):

37-seminole-msj

38-florida-msj

44-seminole-response-to-38

53-florida-response-to-37

86-seminole-immunity-brief

87-florida-immunity-brief

103-dct-order