Fort Peck Tribal Court

Federal Court Dismisses FTCA/Section 1983 Claim against Feds for Actions of Fort Peck Tribal Court

Matthew L.M. Fletcher

Here are the materials in Leachman v. United States (D. Mont.):

1-complaint-7Download
1-1-tribal-coa-decisionDownload
4-us-motion-to-dismissDownload
8-responseDownload
9-replyDownload
10-dct-orderDownload

Ninth Circuit Reinstates Indictment in Federal Gun Charge Case, with Fort Peck Tribal Court Conviction as Predicate for Offense

Matthew L.M. Fletcher

Here are the materials in United States v. First:

US Appellant Brief

First Appellee Brief

US Reply Brief

CA9 Opinion

An excerpt from the court’s syllabus:

Reversing the district court’s dismissal of an indictment charging the defendant as a misdemeanant in possession of a firearm in violation of 18 U.S.C. § 922(g)(9), the panel held that a misdemeanor conviction obtained in tribal court may qualify as a predicate offense to a § 922(g)(9) prosecution so long as the defendant was provided whatever right to counsel existed in the underlying misdemeanor proceeding.

The panel concluded that this result does not violate the Sixth Amendment, the Due Process Clause of the Fifth Amendment, or the Equal Protection Clause of the Fourteenth Amendment.

Update: Critical commentary on this case by federal defender Jon Sands here.

Federal Court Dismisses Action to Enjoin Tribal Court Action for Failure to Exhaust Tribal Remedies

Matthew L.M. Fletcher

Here are the materials in City of Wolf Point v. Mail (D. Mont.):

City Motion for Default Judgment

DCT Order Dismissing City Complaint

From the opinion:

This action, alleging jurisdiction under 28 U.S.C. § 1331, was brought by the City of Wolf Point, Mayor DeWayne Jager, Wolf Point Police Commissioners, Wolf Point City Council, Police Chief Jeff Harada, and Troy Melum (collectively “City”) against Julianne Mail (“Mail”) and Alyssa Eagle Boy (“Eagle Boy”). It was filed on the heels of commencement of suit by Mail and Eagle Boy in Fort Peck Tribal Court against the Plaintiffs here, seeking compensatory damages, punitive damages, legal fees, and costs for claims under tribal law arising from an alleged altercation between Mail, Eagle Boy, and Troy Melum, who is characterized as a City of Wolf Point Animal Control Officer. Plaintiffs seek a judgment of dismissal of the pending tribal court case on subject matter jurisdiction grounds.