Briefs in Lummi Crab Fishing Case

Here are the new materials in United States v. Washington (W.D. Wash.), subproceeding 19-01:

51 Swinomish Brief

55 Upper Skagit Brief

57 Tulalip Tribes Brief

59 Lummi Brief

Prior post here.

Federal Court Enjoins Lummi Tribe’s Proposed Winter Crab Fishing

Here are the materials in United States v. Washington (W.D. Wash.), subproceeding no. 19-01:

1-motion-for-leave-to-file.pdf

3-request-for-determination.pdf

8-swinomish-motion-for-tro.pdf

13-upper-skagit-motion-for-tro.pdf

16-tulalip-motion-for-tro.pdf

26-sklallam-tribes-response.pdf

29-lummi-response.pdf

37-dct-order.pdf

Federal Court Rejects HUD Restitution Motion in Ongoing Disputes with Tribal Housing Authorities

Here are the materials in the consolidated matters captioned Tlingit-Haida Regional Housing Authority v. United States Department of Housing and Urban Development (D. Colo.):

115 HUD Motion for Restitution

120 Housing Authority Opposition

122 Reply

124 DCT Order

An excerpt:

When asked at the hearing why the payments of the judgments were made during the appeal process, counsel for HUD said, “I think they thought it was, you know, the equitable thing to do.” He was right. The equitable thing for the Court to do now is to deny the motion for restitution.

Prior posts here.

Lummi Tribe Prevails in Indian Child Welfare Matter involving Tribal Court Jurisdiction

Here are the materials in Jones v. Lummi Tribal Court (W.D. Wash.):

48 Jones Motion

55 Lummi Response

57 Jones Reply

60 DCT Opinion and Order

61 DCT Order Dismssing Complaint

Prior orders in this case are here and here.

Federal Court Stays ICRA Habeas re: ICW Matter Pending Exhaustion of Tribal Court Remedies

Here is the order in Jones v. Lummi (W.D. Wash.):

DCT Order on Tribal Court Exhaustion

An earlier order in this matter is here.

ICRA Habeas Claim re: Lummi ICW Case Dismissed

Here are the materials in Jones v. Lummi Tribal Court (W.D. Wash.):

Jones Habeas Petition Memorandum

Jones Reponse to Show Cause Order

R&R Recommending Jones Complaint Dismissal

DCT Order Dismissing Jones Complaint

 

Ninth Circuit Decides Federal Common Law Indian Lands Case

Here is the opinion in U.S. v. Milner, which involves non-Indian shore defense structures interfering with the treaty rights of the Lummi Tribe. The U.S. charged the landowners with trespass.

Milner Opening Brief

US Appellee Brief

Milner Reply Brief

Case on Authority of Tribal Police to Detain Off-Reservation

The Washington Supreme Court may soon decide whether tribal police (in this case, of the Lummi Tribe) have authority to detain non-Indians off the reservation, where the tribal police have engaged in hot pursuit of the non-Indian suspect (in this case, a drunk driver). The relevant precedent is State v. Schmuck. Here are the briefs in Washington v. Eriksen:

Eriksen Opening Brief

State Response Brief

Eriksen Reply Brief

Lummi Nation Amicus Brief

The case is on direct appeal from the trial court.

Eriksen Petition for Discretionary Review

Answer to Motion for Discretionary Review