South Dakota “Riot Boosting” Law Enjoined

Here are the materials in Dakota Rural Action v. Noem (D.S.D.):

9-motion-for-preliminary-injunction.pdf

24-motion-to-dismiss-sheriff-thom.pdf

28-motion-for-judgment-on-pleadings.pdf

36-response-to-24.pdf

38-reply-in-support-of-9.pdf

39-reply-in-support-of-24.pdf

40-reply-in-support-of-28.pdf

43-1-surreply.pdf

dkt-49-order-dismissing-sheriff-thom.pdf

dkt-50-order-granting-preliminary-injunction.pdf

Complaint posted here.

Oklahoma American Indian Arts and Crafts Sales Act of 1974 Struck Down [definition of “Indian” more restrictive than federal law]

Here are the materials in Fontenot v. Hunter (W.D. Okla.):

1 Complaint

33 Ps Motion for Summary Judgment

35 Oklahoma Motion for Summary Judgment

39 Ps Response

41 State Response

42 State Reply

43 Ps Reply

47 DCT Order

An excerpt:

Although the Court rejects Plaintiff’s challenges under the Due Process and Equal Protection Clauses of the Fourteenth Amendment, as well as those under the dormant Commerce Clause and the First Amendment, the Court finds for the foregoing reasons that Plaintiff has shown that Oklahoma’s American Indian Arts and Crafts Sales Act of 1974, as amended, Okla. Stat. tit. 78, §§ 71-75, violates the United States Constitution’s Supremacy Clause and is therefore unconstitutional, both facially and as applied to her.

 

Leonard Peltier Free Speech Claims against State of Washington for Removing His Paintings from Exhibit Survive Summary Judgment Motion

Here are the materials in Peltier v. Sacks (W.D. Wash.):

42 defendant motion for summary j

51 response

52-4 painting one

52-5 painting two

52-6 painting three

53 reply

54 dct order

Earlier post on this matter here.

Federal Court Orders Cancellation of Washington Football Team’s Trademarks Registration

Here are the materials in Pro-Football, Inc. v. Blackhorse (E.D. Va.):

53 DCT Order on Briefing Schedule

56 Pro-Football Motion for Summary J on Constitutional Claims

71 Blackhorse Motion for Partial Summary J

100 Pro-Football Cross Motion

106 Blackhorse Second Motion for Partial Summary J

109 US Motion for Summary J

118 Blackhorse Reply in Support of 71

119 Pro-Football Reply in Support of 56

126 Blackhorse Reply in Support of 106

127 US Reply in Support of 109

128 Pro-Football Reply in Support of 100

161 DCT Order

Prior posts here, here, here, here, and here.

TTAB materials here.

Federal Court Affirms Oklahoma School’s Refusal to Allow Native High School Graduate to Wear Eagle Feather on Graduation Cap

Here is the order in Griffith v. Caney Valley Public Schools (N.D. Okla.):

22. Order and Opinion (5-20-15)

Prior materials here.

Washington Football Team Argues Lanham Act/TTAB Decision Violates First and Fifth Amendments

Here is the opening brief in Pro-Football Inc. v. Blackhorse (E.D. Va.):

53 DCT Order on Briefing Schedule

56 Pro-Football Motion for Summary J on Constitutional Claims

According to the briefing schedules, briefs are going to be flying fast and furious. We’ll try to keep up.

Prior materials on the federal government intervention here, and the now-denied motion to dismiss here.

Eighth Circuit Affirms Injunction against South Dakota Ban on Native Prisoner Tobacco Use

Here is the opinion in Native American Council of Tribes v. Weber. An excerpt:

In this appeal, we consider the South Dakota Department of Corrections’ (“SDDOC”) decision to prohibit tobacco use by Native American inmates during religious activities. In 2009, the Native American Council of Tribes (“NACT”) and South Dakota Native American inmates Blaine Brings Plenty and Clayton Creek (collectively “inmates”) brought suit against 1 prison officials from the SDDOC (collectively “defendants”)2 claiming that the tobacco ban substantially burdened the exercise of their religious beliefs in violation of the Religious Land Use and Institutionalized Persons Act of 2000 (“RLUIPA”), 42 U.S.C. § 2000cc-1(a). After a three-day bench trial, the district court granted 3 injunctive relief to the inmates and directed the parties confer regarding a revised tobacco policy. On failure to agree, the district court entered a remedial order that, among other things, limited the proportion of tobacco in the mixture distributed to inmates for religious purposes to no more than one percent. The defendants appeal the grant of injunctive relief, including the remedial order. Having jurisdiction under 28 U.S.C. § 1291, we affirm.

Briefs here:

South Dakota Opening Brief

Native American Council Brief

US Amicus Brief

South Dakota Reply Brief

Lower court materials are here and here.

Other posts are here, here, and here.