Ninth Circuit – Page 62

This is a trademark dispute between the federally recognized Shingle Springs Band of Miwok Indians and an unaffiliated man purporting to act as “Chief” of the “Shingle Springs Band of Miwok Indians.”

Here:

034 – Brief of Appellant Cesar Caballero(81539037_1)

040-1 – Answering Brief of Appellee Shingle Springs Band of Miwok Indians(81902896_1)

Lower court materials here.

Cert Opposition Briefs in Katie John Appeal

February 25, 2014February 26, 2014Matthew L.M. Fletcher

Here are the opposition briefs in Alaska v. Jewell:

Federal Cert Opp Brief

Katie John Cert Opp [A second brief with the appendix: AFN Alaska v Jewell BIO app]

Cert petition here.

Ninth Circuit Grants En banc Review of Zepeda Major Crimes Act Indian Status Case

February 11, 2014April 22, 2014Matthew L.M. Fletcher3 Comments

Here is the order.

Our last post, with links to briefs, is here.

Ninth Circuit Rejects FTCA/Bivens Claims against Federal & Tribal Officers

February 10, 2014Matthew L.M. Fletcher2 Comments

Here is the unpublished opinion in Dupris v. McDonald.

An excerpt:

In 2006, Jesse Dupris and Jeremy Reed (the “Plaintiffs”) were arrested on tribal charges for assaults they did not commit. In 2008, they commenced this action against the members of the federal Task Force that arrested them and the United States under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), and the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 1346(b)(1), 2671-2680. The district court granted summary judgment for the defendants and Plaintiffs have appealed. We affirm, concluding that: (1) the Plaintiffs’ claims against two members of the Task Force are barred by the applicable statute of limitations; (2) the remaining individual defendants were entitled to qualified immunity; and (3) the United States is immune from liability under the FTCA pursuant to the discretionary function exception.

Briefs and lower court materials here.

Ninth Circuit Affirms Rule 19 Dismissal in Friends of Amador County v. Jewell

January 30, 2014Matthew L.M. Fletcher5 Comments

Here is the unpublished opinion. An excerpt:

The district court concluded next that joinder would not be feasible because the Tribe enjoys sovereign immunity as a federally recognized Indian tribe. Appellants challenge the validity of the Tribe’s federally recognized status but concede its existence. Indeed, the Tribe has been federally recognized since at least 1985, see Indian Tribal Entities Recognized and Eligible to Receive Services, 50 Fed. Reg. 6055-02 (Feb. 13, 1985), and it thus has “the immunities and privileges available to other federally acknowledged Indian tribes by virtue of their government-to-government relationship with the United States,” Indian Entities Recognized and Eligible to Receive Services from the Board of Indian Affairs, 77 Fed. Reg. 47,868-01 (Aug. 10, 2012).

Briefs and link to oral argument audio here.

Lower court materials here.