Ninth Circuit Affirms Dismissal of Civil Rights Complaint re: Little Shell Leadership Dispute

Here are the materials in Shield v. Sinclair:

CA9 opinion

Shield Opening Brief

Montana Supreme Court Decides ICWA Expert Case

The Montana Supreme Court upheld the lower court’s acceptance of testimony from an ICWA expert proferred by the state.

Matter of T.W.F. opinion

Appellant Brief

Appellee Brief

Reply Brief

Montana Supreme Court Declines to Address Constitutional Challenges to ICWA

The case is In re M.B. You can located the court’s opinion and the two appellate briefs on the Montana Supreme Court’s website here and searching for docket number 08-0443.

The question involved the adoptive placement rules of ICWA, in relation to children who were members of a state recognized tribe, the Little Shell Tribe of Chippewa Indians. The losing potential adoptive family did not raise the constitutional challenges until the appeal.