Here is today’s opinion in Beaulieu v. Minnesota Department of Human Services.
Mr. Beaulieu previously challenged his confinement in federal court, materials here.
In re Beaulieu
Minnesota Cert Opposition Brief in Beaulieu v. Minnesota
Here:
Mn AG Brief Oppsng Kev B Pet4 Cert 3-14-12
You may recall the state waived its right to respond to the cert petition, but the SCT called for a response.
SCT Issues Call for Response to Minn. AG re: Beaulieu Cert Petition
Here is the CFR (US S Ct Clerk ltr2 Mn Atty Gen 2-13-2012).
This is interesting, and should place the case on the list of petitions to watch. The fairly significant confusion in Minnesota PL 280 jurisdiction cases may be playing a role here.
The petition is here.
Cert Petition in In re Beaulieu: Chance for SCT to Clarify PL280 Confusion in Minnesota and Wisconsin
Here:
Here are the questions presented:
1. Does Public Law 280 (18 U.S.C. § 1162 and 28 U.S.C. (1360) give the State of Wisconsin jurisdiction to involuntarily civilly commit a member of a federally recognized Indian tribe who is a legal resident of his tribal reservation under Minnesota’s Commitment and Treatment Act (Minn. Stat. Ch. 253B?)
2. Was Minnesota’s involuntary civil commitment of Beaulieu contrary to, and/or an unreasonable application of this Court’s clearly established law limiting Public Law 280’s grant of civil jurisdiction to private civil matters?
Lower court decision here.
Turtle Talk 