Lac du Flambeau Band of Lake Superior Chippewa Indians

Lac Du Flambeau Declares State of Emergency — Synthetic and Illegal Drugs

Matthew L.M. Fletcher6 Comments

Lac du Flambeau Band of Lake Superior Chippewa Indians Declares State of Emergency (2013 04 03 LDF Press Release LDF State of Emergency re Synthetic and Illegal Drugs FINAL).

Lac du Flambeau, Wisconsin – The Lac du Flambeau Band of Lake Superior Chippewa Indians Tribal Council declared a State of Emergency on March 29, 2013 as it relates to the threat of synthetic cannabinoids, synthetic cathinones and other illegal drugs affecting the Reservation and Tribal Members. Due to the rising popularity and proliferation of synthetic cannabinoids, synthetic cathinones and other illegal drugs within the Tribal Nation and surrounding community, the Tribal Council is taking decisive action against the new wave of drugs commonly referred to as K2, Spice, Potpourri, Bath Salts and Plant Food. The Tribal Council recognizes that Indian Country cannot remain idle when national reports and scientific information repeatedly publish that many first-time and repeat users are under the misconception that synthetic cannabinoids and synthetic cathinones are legal and/or safe when, in fact, they are not. Common side effects from a single use of synthetic cannabinoids include: hallucinations, panic attacks, anxiety, paranoia, agitation, extreme anger, seizure, tremors, kidney failure, liver failure, increased heart rate, elevated blood pressure, stroke, coma, and death. Due to the great irreparable harm and permanent effects that can result from using synthetic cannabinoids, synthetic cathinones and other illegal drugs, the Tribal Council is committing the necessary Tribal resources to rid the Reservation and the surrounding community of this catastrophic menace that will not only entail swift prosecution but will also include a Tribal campaign focused on prevention and a committed Tribal effort to provide extensive rehabilitation services. The Tribal Council remains firm that every Tribal department will partake in the war against synthetic cannabinoids, synthetic cathinones and other illegal drugs. As detailed in the Tribal Council Resolution, the Lac du Flambeau Tribe is dedicated to following extensive and comprehensive changes to return the Tribal Nation to the teachings of our ancestors:

 

  • Restructuring the Tribal Code to criminalize synthetic cannabinoids and synthetic cathinones;
  • Working with federal, local and state governments to ensure offenders are prosecuted;
  • Treatment and rehabilitation for those who have become addicted to synthetic cannabinoids and synthetic cathinones;
  • Revising the Tribal Housing Regulations and Policies to implement drug tests for tenants;
  • Banishment, Disenrollment and/or Forfeiture of Per Capita payments for those caught using, selling and/or manufacturing synthetic cannabinoids and synthetic cathinones;
  • Review of current and future grant funding specific to substance abuse prevention and intervention to specifically target this developing problem;
  • Mobilize existing “community-based” task forces to participate in door to door distribution of prevention materials and begin community education; and,
  • Introduction of an educational campaign in community schools and youth programs.

Judge Crabb Denies Wisconsin Tribes’ Motion to Allow Night Deer Hunting

Matthew L.M. Fletcher2 Comments

Here:

crabborder

Briefs, news coverage, etc. is here, here, here, and here.

Wisconsin Chippewa Tribes Wait to Hear Night Deer Hunting Ruling

Adrea Korthase1 Comment

Here.

Materials here and here.

Wisconsin Night Deer Hunt Hearing to Continue Thursday

Adrea Korthase2 Comments

Here.

Briefs:

Wisconsin’s Brief and Motion to Strike

Tribes’ Response Brief

Tribes’ Response to Motion to Strike

Previous material is here.

Wisconsin Night Deer Hunting Hearing Set for December 12

Adrea Korthase1 Comment

The evidentiary hearing on the Wisconsin Tribes’ preliminary injunction motion is set for 12/12/12. Stories are here and here.

Previous post containing the legal documents is here.

Wisconsin Tribes Seek to Enforce Treaty Rights in Night Deer Hunt

Adrea Korthase5 Comments

News coverage is here and here.

State Motion to Enforce Prohibition on Shining Deer

State Brief in Support of Motion

State Proposed Order

LDF Motion for Preliminary and Permanent Injunction

LDF Preliminary Injunction Memorandum

Continue reading →

Godfrey & Kahn Sued by Investors over Lac du Flambeau Bond Deal Done In by Immunity

Matthew L.M. Fletcher1 Comment

We’ll post the complaint, filed in state court, once we get it (if we get it).

Meanwhile, here’s the news coverage.

Seventh Circuit Affirms Wells Fargo v. Lake of the Woods; Remands to Allow Wells Fargo to Amend Complaint for Other Relief

Matthew L.M. Fletcher2 Comments

Here is today’s opinion. An excerpt:

We conclude that the Indenture constitutes a management contract under IGRA and that, as a condition of its validity, it should have been submitted to the Chairman of the NIGC for approval prior to its implementation. The parties’ failure to secure such approval renders the Indenture void in its entirety and thus invalidate s the Corporation’s waiver of sovereign immunity. The district court therefore correctly determined that it was without jurisdiction with respect to Wells Fargo’s motion for the appointment of a receiver.

We further conclude that the district court should have permitted Wells Fargo leave to file an amended complaint to the extent that it presented claims for legal and equitable relief in connection with the bond transaction on its own behalf and on behalf of the bondholder. Upon the filing of such a complaint, the district court should address the issue of whether, now that the Indenture has been determined to be void, Wells Fargo has standing to litigate claims on behalf of the bondholder. The court also must determine whether the collateral documents, when read separately or together, waive the sovereign immunity of the Corporation with respect to any such claims. If such a waiver is found, the court may proceed to determine the merits of those claims.

Lower courts briefing.

Wells Fargo v. Lake of the Torches Briefing Complete

Matthew L.M. Fletcher1 Comment

Here are the briefs:

Merits

Wells Fargo Opening Brief

LDF Corrected Brief

LDF Corrected Appendix

Wells Fargo Reply Brief

Amici

Natl Federation of Municipal Analysts Amicus Brief

NIGA Amicus Brief

Lower court materials here and here and here.

Argument set for Wednesday, October 20, 2010.

Corrected LDF Brief in Wells Fargo Case: Response to Court Order to Brief Jurisdictional Issue

Matthew L.M. Fletcher

Here: LDF Corrected Brief, and LDF Corrected Addendum.

Apparently, the jurisdictional issue is whether the court has jurisdiction under the diversity statute over the Lake of the Torches EDC. LDF writes:

This Court should follow the Ninth Circuit and hold that “a corporation organized under tribal law should be analyzed for diversity jurisdiction purposes as if it were a state or federal corporation,” while still enjoying the same sovereign immunity as the tribe. Cook, 548 F.3d at 723, 726. This approach follows the plain language of the diversity statute, which provides that a corporation is a citizen of “the State where it has its principal place of business.” 28 U.S.C. § 1332(c)(2). For the Corporation, that is Wisconsin. The Eighth Circuit’s test, which looks to whether a tribal entity operates as “an arm of the tribe and not as a mere business,” ignores the language of the statute and focuses on the function of a tribal entity, finding that where it is governmental, as is the Corporation’s, Doc. 31 at 2-3, the entity is treated like a tribe and is not considered a citizen of any state. Auto-Owners Ins. Co. v. Tribal Court of the Spirit Lake Indian Reservation, 495 F.3d 1017, 1021 (8th Cir. 2007). Under the more practical Ninth Circuit test, which this Court appears to have used, see supra at n.6, the parties are diverse and subject-matter jurisdiction exists.

The court also set October 20 as the oral argument date.