Second Circuit Allows Thruway Trespass Suit against New York to Proceed

Here are the materials in Seneca Nation v. Hochul:

Lower court materials here.

Montana Federal Court Dismisses Native Inmates’ Suit over Jail Conditions that Allegedly Violate Hellsgate Treaty Because 11th Amendment Makes State Officials Immune (which a textualist would know says nothing like that whatsoever)

Here are the materials in Black Crow v. Lake County Jail, recaptioned In re Conditions at Lake County Jail (D. Mont.):

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.

Tribe Reply

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]


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


32 Objections

36 Response

37 Reply