FOIA Suit Against IHS Over Groundwater Contamination on Yakama Reservation

Download complaint and exhibits in the matter of Friends of Toppenish Creek v. IHS (W.D. Wash.) here.

Director Vacancy at Stockbridge-Munsee Health Center

Job announcement and description here.

NCAI Amicus Brief in Menominee Indian Tribe v. United States

Here:

NCAI Amicus Brief

Opening merits brief here.

Complaint and TRO in Oglala Sioux Tribe v. Burwell

Here.

Opening sentences:

The Tribe brings this action against the Department of Health and Human Services (“HHS”) and its agency, the Indian Health Service (“IHS”) seeking redress for their decision to use $1.6 million in funds appropriated for the Pine Ridge Service Unit, which provides health services to tribal members and other Indian beneficiaries, to fund a settlement of overtime pay that the IHS reached with unions. The IHS intends to use these funds to pay for the settlement even though the funds are required by law to be used to make improvements in the programs of the IHS operated by or through the Pine Ridge Service Unit which may be necessary to achieve or maintain compliance with the applicable conditions and requirements of Medicare and Medicaid.

Motion for TRO.

Exhibits.

SCOTUS Grants Cert in Menominee Tribe v. United States

Here is the order list. From the order list:

The petition for a writ of certiorari is granted limited to the following question: Whether the D. C. Circuit misapplied this Court’s Holland decision when it ruled that the Tribe was not entitled to equitable tolling of the statute of limitations for filing of Indian Self-Determination Act claims under the Contract Disputes Act?

Cert stage briefs are here and here.

Decision in Navajo Health Foundation — Sage Memorial Hospital, Inc. v. Burwell

Here are the materials in Navajo Health Foundation – Sage Memorial Hospital, Inc. v. Burwell (D. N.M.):

27 Sage Motion for Summary J

48 IHS Response

53 Sage Reply

73 DCT Opinion

From the opinion:

Finally, the Court will grant the MSJ on two grounds. First, the Court will deem the Claim denied, because Dayish has not given Sage Hospital a “date certain” by which he will decide the Claim; rather, he conditioned his October 21, 2015, deadline upon Sage Hospital’s cooperation. Second, even if Dayish had given Sage Hospital a date certain by which he will decide the Claim, his proposed fourteen-month period for deciding the Claim is unreasonably long under the CDA. [4]  Accordingly, even if the Court did not deem the Claim already denied, it would order Dayish to approve or deny the Claim by July 25, 2015.

 

United States Recommends Certiorari Grant in Menominee Tribe v. United States

Here is the government’s brief:

US cert response brief

An excerpt:

The court of appeals correctly held that neither the Tribe’s erroneous prediction of the outcome of litigation, nor its expectation that the government would deny its administrative claims, warrants equitable tolling of the CDA’s six-year limitations period. That decision, however, squarely conflicts with the Federal Circuit’s decision in Arctic Slope Native Ass’n v. Sebelius, 699 F .3d 1289 (2012), which found tolling appropriate on materially similar facts. In the government’s view, certiorari is warranted.

Cert petition is here.

Lower court materials here.

Federal Court Issues Injunction Ordering IHS to Fund Navajo Health Foundation—Sage Memorial Hospital

Ah, it’s a little old, but here are the materials in Navajo Health Foundation – Sage Memorial Hospital, Inc. v. Burwell (D. N.M.):

17 Motion for PI

36 Response

41 Reply

62 DCT Order Granting PI

An excerpt:

The Court held a hearing on February 12, 2015. The primary issues are: (i) whether the Court will order a permanent injunction; and (ii) whether the Court will order a preliminary injunction. The Court will not order a permanent injunction. The Court will, however, order a preliminary injunction to require Defendants Sylvia Matthews Burwell, Yvette Roubideaux, John Hubbard, Jr., and Frank Dayish (collectively, “the Defendants”), to fund the Navajo Health Foundation—Sage Memorial Hospital, Inc., according to the terms of: (i) the Annual Funding Agreement Between Navajo Health Foundation /Sage Memorial Hospital and the Secretary of the Department of Health and Human Services Fiscal Year 2013, filed January 13, 2015 (Doc. 21–2)(“2013 AFA”); and (ii) the Indian Self–Determination Contract Between Navajo Health Foundation/Sage Memorial Hospital and the Secretary of the Department of Health and Human Services, filed January 13, 2015 (Doc. 21–1)(“2010 Contract”), until this case is resolved on the merits. The Court will also order both parties to comply with the terms and conditions of the 2013 AFA and the 2010 Contract until this case is resolved on the merits. Among other things, this means that the Defendants must reinstate Sage Hospital’s coverage under the Federal Tort Claims Act, 28 U.S.C. § 1346(b)(“FTCA”), as Section 4 of the 2013 AFA provides. The Court will not require Sage Hospital to post a bond.

Prior materials here.

Unpublished Memorandum Opinion in Quechan Tribe v. United States

Here.

In closing, we emphasize that we appreciate the Tribe’s commitment to ensuring adequate healthcare for its members, and we acknowledge the challenges faced by the Tribe in ensuring such care. However, the solution lies in Congress and the executive branch, not the courts.

Briefs here.

Gila River Trust Breach Claim against IHS Dismissed; Claim for Reimbursement May Proceed

Here are the materials in Gila River Indian Community v. Burwell (D. Ariz.):

30 HHS Motion to Dismiss

32 GRIC Response

35 HHS Reply

47 DCT Order