Arizona Supreme Court Declines to Review Shirk v. Lancaster — ISDEAA Immunity Case Favoring Tribal Interests

Here:

Arizona SCT Order

Petition for review briefs here.

Arizona COA materials here and here.

Trial court materials here:

(2008) 09.24.08 Order Granting MTD as to GRIC Dfndnts

2011 11.30.11 ME Under Advisement Ruling

Federal Dismisses FTCA Claims against US in Shooting of Tribal Member by Tribal Police

Here are the materials so far in Black v. United States (W.D. Wash.):

1 Complaint

17 Motion to Dismiss

23 Port Gamble S’Klallam Response

25 Suquamish Response

27 Plaintiff’s Response

29 US Reply

31 DCT Order Dismissing Complaint

Claims against Suquamish and Port Gamble S’Klallam Tribes and officers remain.

Ninth Circuit Holds Interior Does Not Violate ISDEAA When Denying Law Enforcement Funds to PL280 Tribes

Here is the opinion in Los Coyotes Band of Cahuilla & Capuño v. Jewell.

From the court’s syllabus:

The panel reversed the district court’s summary judgment in favor of the Los Coyotes Band of Cahuilla and Cupeño Indians, and the court’s finding that the U.S. Secretary of the Interior violated the Indian Self-Determination and Education Assistance Act, the Administrative Procedure Act, and the Fifth Amendment’s guarantee of equal protection  when the Secretary declined to enter into a self-determination contract with the Tribe to fund law enforcement on the Los Coyotes Reservation.

The panel held that the Secretary properly rejected the Tribe’s contract request. The panel also held that the Tribe’s reliance on the Indian Self Determination and Education Assistance Act was misplaced because the Act allows the Tribe to take control of existing programs and obtain funds that the Bureau of Indian Affairs (“BIA”) would otherwise spend on those programs, but here there was no existing BIA program, and therefore  nothing to transfer to the Tribe. The panel further held that the Administrative Procedure Act did not authorize the court to review the BIA’s allocation of law enforcement funding in Indian Country. Finally, the panel held that the BIA’s funding policy did not violate the Fifth Amendment’s equal protection guarantee.

And the briefs:

Interior Opening Brief

Los Coyotes brief

Interior Reply Brief

Lower court materials here.

Arizona SCT Petition for Review of Dismissal of Tort Claim against Gila River Indian Community — Updated 8-28-13

Here is the petition in Shirk v. Lancaster:

Shirk Petition for Review

Update: Lancaster Response

Lower court materials here.

Arizona COA Decides ISDEAA Immunity Case in Favor of Tribal Interests

Here is today’s opinion in Shirk v. Lancaster:

CV 12-0131

An excerpt:

Loren Shirk seeks damages for allegedly negligent conduct by two Gila River Indian Community (“GRIC”) police officers. Because we conclude the trial court erred in granting Shirk’s motion to set aside the prior final judgment in favor of the officers, we reverse.

Briefs are here. Lower court materials here. Materials in related case against City of Chandler here. Here are the materials in the federal case dismissing a Federal Tort Claims Act action.

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.

Arizona COA Briefs in ISDEAA Tribal Immunity Case — Case to Watch

Here are the available briefs in Shirk v. Lancaster:

Lancaster et at Opening Brief

Navajo Nation Amicus Brief

GRIC Amicus Brief

Shirk Answering Brief

Shirk Response to GRIC Amicus

Lancaster et al Reply

Lower court materials here. Materials in related case against City of Chandler here. Here are the materials in the federal case dismissing a Federal Tort Claims Act action.

Nixon Administration Redux — Two Papers from the Nixon Era

These two papers — from 1970 and 1974 — are interesting tidbits on the 1970 Nixon message to Congress and perhaps some backgrounds on the 1975 Indian Self-Determination and Education Assistance Act. Miigwetch to Bob Anderson for the 1970 paper, and miigwetch to whomever sent me the 1974 paper (poor form in losing the accompanying docs).

Nixon Indian speech briefing memo 1970

1974 White Paper — At What Level Sovereignty

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

Is a Tribal Officer a Federal Officer under the Major Crimes Act?

The question here is whether an assault on a tribal officer can be prosecuted as an assault on a federal officer under the Major Crimes Act. The court concluded that whether the tribal cop is a federal cop must be proven beyond a reasonable doubt.

Here is the Court’s opinion in United States v. Danley.