Susanville Indian Rancheria v. United States — Contract Breach Claim for Failure to Pay IHS Contract Support Costs

Here:

Susanville v US Complaint

An excerpt:

This is a suit against the United States for breach of contract and statute by the Indian Health Service (“IHS”), an agency in the Department of Health and Human Services (“HHS”). Plaintiff, the Susanville Indian Rancheria (“Tribe”), seeks money damages under the Contract Disputes Act, 41 U.S.C. § 7101 et seq. (“CDA”), based on the Secretary’s repeated violations of the Tribe’s contractual and statutory right to the payment of full funding of contract support costs (“CSC”) for contracts entered under the Indian Self-Determination and Education Assistance Act (“ISDEAA”), Pub. L. No. 93-638, as amended, 25 U.S.C. § 450 et seq.

Susanville’s previous suit against IHS is here.

Paul Ryan on the Impacts of a Federal Government Shutdown on Indian Affairs

Here:

How would a potential shutdown affect Indian Affairs? How would affect services on Reservations?
According to staff at the House Committee on Natural Resources, the Bureau of Indian Affairs (BIA) manages or supervises many of the day-to-day affairs of Indian Reservations, particularly the large land-based tribes west of the Mississippi. They are under the assumption that if money were cut off to the BIA they expect “critical” services relating to law enforcement (i.e., BIA police), Indian Health Services relating to life and limb, resource protection will continue. But other operations, such as reviewing and approving a lease of Indian or tribal land to building a house, to sending a check to an Indian, to providing day care, running some dams and irrigation projects, drilling oil and gas, running Indian school operations would shut down. Non-essential personnel, such as a receptionist in a health clinic, might be furloughed. They are under the impression that essential personnel (i.e. doctors, etc) must work. Also, under a certain law, many tribes throughout the U.S. effectively bypass the BIA and receive appropriated money directly – they then provide services through tribal structures rather than through the BIA bureaucracy. Unless the tribes have amassed some reserves, their funding would cease. While well over a hundred tribes operate casinos, not all provide large profits. Most of them receive federal dollars.

Keweenaw Bay Indian Community v. Sebelius — Contract Support Costs Complaint against Indian Health Service

Here is the amended complaint:

KBIC v Sebelius Amended Complaint

 

IHS Changes Venue in Wrongful Death Suit from Western Division to Northern Division of District of South Dakota

Here are the materials in Archambault v. United States (D. S.D.):

Archambault Redacted Complaint

DCT Order Granting US Motion to Change Venue

News Coverage of Indian Health Service Continued Recalcitrance to Pay Contract Support Costs to Alaska Natives

Here.

One quick note: the Begich letter is addressed to all CSC claims, not just Alaska tribal claims.

Federal Circuit Reinstates ISDEAA Suit against IHS — UPDATED with Briefs

Here is the opinion.

Here is an excerpt:

Arctic Slope Native Association, Ltd., (“ASNA”) ap- peals a decision of the Civilian Board of Contract Appeals (“Board”) dismissing ASNA’s breach-of-contract claim under the Contract Disputes Act (“CDA”) as time-barred. Because the CDA’s six-year statute of limitations should have been equitably tolled, we reverse and remand.

Here are the briefs:

ASNA Opening Brief

Sebelius Brief

ASNA Reply

Seneca Nation Sues Feds over IHS Self-Determination Funding

Here is the complaint in Seneca Nation of Indians v. HHS (D. D.C.):

Seneca v HHS Complaint

NYTs: IHS Rescinds Punishment of Psychologist over Reporting of Spirit Lake Child Abuse Concerns

Here.

Colville Suit against IHS over Declination of Emergency Medical Services Self-Governance Compact Increase

Here is the complaint in Confederated Colville Tribes v. Sebelius (D. Or.):

Colville Complaint

Menominee CSC Claims against IHS Fail on Remand from the D.C. Circuit

Here are the materials in Menominee Tribe v. United States (D. D.C.):

DCT Order Dismissing Menominee Claims

IHS Motion to Dismiss

Menominee Motion for Summary J

The D.C. Circuit materials are here. I guess we can expect a return trip.