Federal Court Orders IHS to Turn Over Docs on Stanley Patrick Weber to New York Times and Wall Street Journal

Here are the materials in New York Times v. Dept. of Health and Human Services (S.D. N.Y.):

1 Complaint

20 US Motion for Summary Judgment

23 Newspapers Motion for Summary Judgment

26 US Reply

28 Newspapers Reply

31 DCT Order

An excerpt:

This Freedom of Information Act suit was brought by The New York Times, The Wall Street Journal and a reporter seeking to force the Indian Health Service (“IHS”) to release a report that it commissioned from a private consultant to investigate numerous acts of rape and sexual abuse committed by Stanley Patrick Weber, a former IHS pediatrician, against Native American children. IHS has taken the position that the report is protected from disclosure by a statute that affords confidentiality to reports on the “quality of medical care” — a position we reject. We also find that the report is not protected under the litigation privilege exemption of the Freedom of Information Act and thus order that it be produced.

Federal Court Holds 1868 Treaty of Fort Laramie Imposes Duty on Federal Government to Provide Adequate Health Care at Rosebud

Here are the materials in Rosebud Sioux Tribe v. United States (D.S.D.):

An excerpt:

As to the tribes that entered into the 1868 Treaty of Fort Laramie for the reasons discussed above, the Government’s duty—expressed at the time as furnishing “to the Indians the physician… and that such appropriations shall be made from time to time, on the estimate of the Secretary of the Interior, as will be sufficient to employ such persons”—can be interpreted under the canons of construction applicable to Indian treaties as requiring the Government to provide competent physician-led health care to the Tribe.

Prior post here.

Federal Court Dismisses Treaty Group Challenge to Self-Determination Contract between Oglala Sioux Tribe & Cheyenne River Sioux Tribe and Indian Health Service

Here are the materials in Gilbert v. Weahkee (D.S.D.):

5 Amended Complaint

17 IHS Motion to Dismiss

19 Response

19-3 Oglala Tribal Court Decision

31 Reply

38 Plaintiffs Motion for Summary J

39 Opposition

40 Reply

44 DCT Order

Fort McDermitt Prevails over IHS on Clinic in Oregon

Here are the materials in Fort McDermitt Paiute & Shoshone Tribe v. Azar (formerly Price) (D.D.C.):

31 Tribe Second MSJ

33-1 US Second MSJ

35 Tribe Reply

37 US Reply

40 DCT Order

Prior post here.