Ninth Circuit Briefs in Oklevueha Native American Church v. Holder

Here:

Oklevueha Opening Brief

US Answer Brief

National Council of Native American Churches et al. Amicus Brief

Reply Brief

Lower court materials here. And here.

Prior Ninth Circuit materials here.

Ninth Circuit Briefs in Hopland Band of Pomo Indians v. Jewell (ISDEAA Law Enforcement Funding)

Here:

Hopland Band Opening Brief

Federal Answer Brief

Hopland Reply Brief

Lower court materials here:

21 Tribal Motion for Summary J

32 US Motion for Summary J

32-1 Cruzan Declaration

34 Tribal Response

38 US Reply

55 DCT Order

We posted on this case here and here.

Opening Ninth Circuit Brief in Yakama/King Mountain Tax Dispute with US

Here is the opening brief in Confederated Tribes and Bands of the Yakama Indian Nation v. Alcohol and Tobacco Tax and Trade Bureau:

Yakama Opening Brief

Lower court materials in King Mountain Tobacco Co. v. Alcohol and Tobacco Tax and Trade Bureau (E.D. Wash.) are here.

Federal Court Refuses to Allow Blue Lake Rancheria to Add Section 1983 Claims in FUTA Tax Dispute

Here are the materials in Blue Lake Rancheria v. Morgenstern (E.D. Cal.):

67 Blue Lake Motion to Amend

69 California Opposition

70 Blue Lake Reply

72 DCT Order Denying Motion

Blue Lake had prevailed in the Ninth Circuit before.

BIA Decision Approving Glendale Area Trust Land Acquisition for Gaming Purposes for Tohono O’Odham Nation

Here:

2014-07-03 Washburn Letter to Norris re Trust Decision

This is on remand from the Ninth Circuit’s mandate.

Ninth Circuit En Banc Oral Argument Audio in United States v. Zepeda

Here.

Panel opinion here.

Ninth Circuit Grants En Banc Review in Big Lagoon Rancheria v. State of California

Here:

2014 0611 Order Granting Petition for Rehearing En Banc

En banc petition here. Supporting amicus briefs here.

Lower court materials here.

Supreme Court Cert Petition in FTCA/Bivens Claims against Federal & Tribal Officers

Here is the petition in Dupris v. Proctor:

Dupris Cert Petition

Questions presented:

1. Whether this Court should resolve a split among the circuit courts of appeal, created by the Ninth Circuit panel decision in this matter, as to whether federal agents have “discretion” to arrest an individual without probable cause, for purposes of sovereign immunity under the “discretionary function” doctrine of the Federal Tort Claims Act?
2. Whether this Court should resolve a split among the circuit courts of appeal as to whether a law enforcement officer’s pre-arrest consultation with a prosecutor, standing alone, entitles the officer to qualified immunity?
3. Given the federal agents’ testimony that there were not any “positive identifications” of Petitioners, contradictory to what the agents told the tribal prosecutor, whether this Court should remand pursuant to this Court’s recent holding in Tolan v. Cotton, — U.S. –, 134 S.Ct. 1861 (2014), to ensure that the Court of Appeals properly viewed all evidence in the light most favorable to the Petitioners?

Lower court materials here.

Federal Courts Dismiss Federal Habitual Domestic Violence Offender Indictments Due to Uncounseled Tribal Court Convictions

Here are the materials in United States v. Kirkaldie (D. Mont.):

21 Motion to Dismiss

24 US Response

39 DCT Order

And in United States v. Stewart (D. Mont.):

20 Stewart Motion to Dismiss + Tribal Court Docs

21 US Response

28 DCT Order

 

 

Ninth Circuit Denies Motion to Publish Opinion in Te-Moak v. Interior

Here:

Motion for Publication of Memorandum

CA9 Panel Order Denying Motion

Panel decision here. Briefs here.