ICRA Suit against Makah Tribe Dismissed by Federal Court

Here are the materials in Chamblin v. Greene (W.D. Wash.):

5 Motion to Dismiss

6 Response

8 Reply

9 DCT Order

Update in Federal Trespass Action at Makah (U.S. v. Ray)

The federal court, after ordering the United States DOJ to exhaust tribal court remedies (an order that apparently made the government’s attorneys ornery), granting partial summary judgment to the government.

Here are the new materials in United States v. Ray (W.D. Wash.):

DCT Order Granting Partial Summary J

US Motion for Partial Summary J

US Motion to Lift Stay

And the Makah tribal court materials:

Makah Tribal Court Order

US Petition for Determination of Makah Tribal Law

The post on the federal court’s requirement that the government seek a tribal court determination of tribal law is here.

The underlying complaint is here.

Government Reply Brief in United States v. Ray Motion for Reconsideration

Here:

US Reply in Ray

Well, the government tempered its complaint about having to go to the federal court by citing the government’s trust duties under United States v. Jicarilla Apache Nation. Seems to be an enormous amount of confusion. Jicarilla is a backdoor repudiation of the trust relationship, not the strong directive to protect tribal property. Whatever.

Earlier materials are here.

Federal Govt. Effort to Enforce Trespass Law on Makah Allotment Sent to Tribal Court

Here are the materials in United States v. Ray (W.D. Wash.):

Ray Motion to Dismiss

US Opposition & Motion to Dismiss

Ray Reply

DCT Order Staying Ray Case

NYTs: A.O. Scott Video Review of “Dead Man”

Here.