Minnesota Federal Court Dismisses Suit Against Tribal Gaming Executives

Here are the materials in North Metro Harness Initiative LLC v. Beattie (D. Minn.):

1 Complaint

29 Prairie Island Motion to Dismiss

39 Mille Lacs Motion to Dismiss

50 State Amicus Brief

62 Plaintiffs Opposition

68 Tribes Reply

85 DCT Order

89 Motion for Rule 59(e) Relief

93 Tribes Opposition

100 DCT Order 59(e) Motion

Minnesota SCT Rejects Mille Lacs County Officials’ Demand for State to Defend Mille Lacs Ojibwe Reservation Boundaries Suit

Here is the opinion in Walsh v. State of Minnesota:

Minnesota COA Rejects Mille Lacs County Officials’ Demand for State to Defend Mille Lacs Ojibwe Reservation Boundaries Suit

Here is the opinion in Walsh v. State:

OPa201083-051021

Link to the reservation boundaries case here.

Doe v. Jesson Case (MN Federal ICWA Case) Dismissed as Moot

Here is the opinion.

After two years, the Minnesota federal district court dismissed the voluntary adoption case challenging the provisions of the Minnesota Indian Family Preservation Act (MIFPA) allowing for notice and intervention of a child’s tribe in the proceedings. While the court states that the case presented Constitutional questions, the proceedings were moot and did not meet the standard for capable of repetition but evading review to keep the case live. There’s a nice discussion of that standard for practitioners who have been wondering how that might work in a child welfare case.

Plaintiffs have 30 days to file a notice of appeal if they so choose.

This is the last of the summer 2015 batch of federal ICWA challenges filed. All of them were ultimately dismissed. Carter v. Washburn is currently on appeal to the 9th Circuit.

Doe v. Jesson, now Piper, Partially Survives Motion to Dismiss

Here. This is the federal case challenging the Minnesota Indian Family Preservation Act.

The Court finds that it has jurisdiction to hear the Does’ complaint, but only against the government defendants. The Court will dismiss Commissioner Moose from the case because he is a tribal officer and not a state officer; does not enforce MIFPA; and is not restricted by the constitutional clauses at issue here. But even though the Court may proceed to the merits of the Does’ complaint against the government defendants, the Court will not decide the merits now. The parties necessarily and understandably devoted nearly all of the briefs to the numerous preliminary issues. Although the jurisdictional questions were well briefed, the Does’ equal protection and due process claims received less attention than they deserved. Accordingly, in deciding these motions the Court will express no opinion on the merits – only on the preliminary matters. It may be that Defendants’ positions on the merits are correct – or incorrect – but those questions will be decided another day.

Federal Court Denies Preliminary Injunction in Challenge to Minnesota’s Indian Child Welfare Statute

Here is the order in Doe v. Jesson (D. Minn.):

42 DCT Order Denying PI

Pleadings TK:

State_Memorandum_ResponsePrelimInjuc

MilleLacs_Memorandum_ResponsePrelimInjunc

MilleLacs_MotiontoDismiss

State_Memorandum_MotiontoDismiss

State_Response_AnonymousParty

We posted the complaint here.

Constitutional Challenge to Parts of Minnesota Indian Family Preservation Act

Here is the complaint in Doe v. Jesson (D. Minn.):

1 Complaint

An excerpt:

25. MIFPA defines an “Indian child” as “an unmarried person who is under age 18 and is: (1) a  member of an Indian tribe; or (2) eligible for membership in an Indian tribe.” Minn. Stat. 260.755, subd. 8. By contrast, ICWA defines an Indian child as either “(a) a member of an Indian tribe or (b) is eligible for membership in an Indian tribe and is the biological child of a member ofan Indian tribe.” 25 U.S.C. 1903(4) (emphasis added).

26. Many Indian tribes have only blood quantum or lineage requirements as prerequisites for membership. See, e.g., Paul Spruhan, The Origins, Current Status, & Future Prospects ofBlood Quantum as the Definition ofMembership in the Navajo Nation, 8 Tribal L.J. 1, 5 (2007); see also Rev. Const. & Bylaws of the Minnesota Chippewa Tribe, Minnesota, art. II, 1(c) (child eligible ifborn to a member and child is at least one quarter Minnesota Chippewa Indian blood). The Mille Lacs Band of Ojibwe is a member of the Minnesota Chippewa Tribe. Id. at art. III.

27. Unlike ICWA, the Minnesota Indian Family Preservation Act, facially and as applied, gives Indian tribes the right under the color of state law to interfere with voluntary, private adoptions.

Pro Se Section 1983 Suit against Mille Lacs Ojibwe Dismissed

Here are the materials in Goodman v. Waukey (D. Minn.):

1 Complaint

7 Magistrate Report

11 DCT Order

Casey Report on Mille Lacs Ojibwe Child Welfare Programs

Here.

Title VII Reverse Discrimination Complaint against Mille Lacs’ Grand Casino Hinckley Dismissed

Here are the materials in Harshe v. Grand Casino Hinckley (D. Minn.):

Magistrate R&R re Harshe Complaint

DCT Order Dismissing Harshe Complaint