Gila River Indian Community v. Lyon

News Coverage of Gila River Case

Kate Fort

The article is here.

While the case and court’s opinion are unique, the possibility of a tribe being sued alone – without the federal government – is worrisome, said Michigan State University Indian law expert Matthew Fletcher. He said this case could encourage more people to sue tribes in land–use disagreements.

“That would have absolutely huge repercussions,” Fletcher said.

Fletcher called some of the courts’ statements “troubling,” as they might be used to pry open other tribal land–use claims by non–Indians.

“There are other landowners who have conflicts with tribes that could be encouraged by this,” he said.

Still, the case poses “a very narrow question, to be sure” because of its unique circumstances, Fletcher said.

 

 

Supreme Court Denies Gila River Indian Community v. Lyon

Kate Fort

Order here.

SCOTUSblog Lists Gila River Indian Community v. Lyon as Petition to Watch

Matthew L.M. Fletcher1 Comment

Here:

Gila River Indian Community v. Lyon

Pending petition

Docket No. Op. Below Argument Opinion Vote Author Term
11-80 9th Cir. TBD TBD TBD TBD TBD

Issue: (1) Whether, under Federal Rule of Civil Procedure 19(b), courts may adjudicate and compromise legal rights in land to which the United States holds title without the United States’ participation in the litigation; and (2) whether, in light of this Court’s recent decision in United States v. Jicarilla Apache Nation, No. 10-382 (June 13, 2011), litigation compromising the United States’ title in land can proceed in the United States’ absence as long as an Indian tribe is a party to the litigation.

Briefs and Documents

Certiorari-stage documents

Gila River Cert Stage Reply Brief

Matthew L.M. Fletcher

Here:

Gila River Cert Stage Reply

Cert Opposition Brief in Gila River Indian Community v. Lyon

Matthew L.M. Fletcher

Here:

Lyon Cert Opposition Brief

The cert petition is here. The Indian Land Working Group Amicus brief is here.

Indian Land Working Group Amicus Brief in Support of Petition in Gila River Indian Community v. Lyon

Matthew L.M. Fletcher1 Comment

Here:

Indian Land Working Group Amicus in Support of Cert Petition

The cert petition is here.

Gila River Indian Community v. Lyon Cert Petition

Matthew L.M. Fletcher2 Comments

Here:

Gila River v Lyon Cert Petition

Here are the questions presented:

I. Whether, under Federal Rule of Civil Procedure 19(b), courts may adjudicate and compromise legal rights in land to which the United States holds title without the United States’ participation in the litigation.
II. Whether, in light of this Court’s recent decision in United States v. Jicarilla Apache Nation, No. 10-382 (June 13, 2011), the Ninth Circuit properly held, as a matter of law, that litigation compromising the United States’ title in land can proceed in the United States’ absence as long as an Indian tribe is a party to the litigation.