Ninth Circuit – Page 78

Ninth Circuit Allows Bivens Action against FBI Agent that Failed to Properly Investigate Murder of Indians

January 10, 2012Matthew L.M. Fletcher3 Comments

Here is today’s unpublished opinion in Cole v. Oravec. An excerpt:

Defendant-Appellant Matthew Oravec, an agent with the Federal Bureau of Investigation, appeals from the district court’s denial of his qualified immunity motion in this Bivens action brought on behalf of two deceased Native American men. The Appellees are relatives of the two deceased men – Steven Bearcrane and Robert Springfield. The Appellees allege that Oravec violated their right to equal protection when he failed to conduct a sufficiently thorough investigation of the two deaths out of an alleged animus toward Native Americans.

Here are the briefs:

Oravec Appellant Brief

Cole Appellee Brief

Oravec Reply

Ninth Circuit Oral Argument Audio and Video in Karuk Tribe v. USFS (En Banc)

January 10, 2012Matthew L.M. Fletcher1 Comment

Here is the video, and here is the audio.

Here are the materials.

Ninth Circuit Oral Argument Audio in Save the Peaks Coalition v. USFS

January 10, 2012Matthew L.M. Fletcher1 Comment

Here.

Ninth Circuit Denies Fourth Amendment Challenge to Search on Crow Reservation

December 19, 2011Matthew L.M. Fletcher

Here is the unpublished opinion in United States v. Littlebird.

An excerpt:

More importantly, significant intervening circumstances exist to sufficiently purge the taint of the illegal stop. First, prior to the interview, Littlebird was arraigned in the Crow Tribal Court and received appointed counsel. Second, the record reflects that Littlebird himself likely initiated the interview with the investigating officers. Third, before the interview he spoke with his Tribal counsel—a crucial factor in attenuation. United States v. Wellins, 654 F.2d 550, 555 (9th Cir. 1981). And finally, his counsel was present during the entire interview.

Ninth Circuit Affirms Vacature of Interior’s Rule Delisting Grizzly Bear as Endangered under ESA

November 23, 2011November 22, 2011Matthew L.M. Fletcher

Here is yesterday’s opinion in Greater Yellowstone Coalition v. Servheen (USFWS).

Ninth Circuit Affirms Conviction in U.S. v. Has the Eagle

October 27, 2011Matthew L.M. Fletcher

Here is the unpublished opinion.

Ninth Circuit Decides Indian Status Case Under Major Crimes Act

October 19, 2011October 19, 2011Matthew L.M. Fletcher3 Comments

I’m still trying to understand how a reasonable jury of non-Indians can decided beyond a reasonable doubt that someone is an “Indian” under the Major Crimes Act. 🙂

Here are the materials in United States v. LaBuff:

LaBuff CA9 Opinion

LaBuff Opening Brief

US Answer Brief — LaBuff

LaBuff Reply

The court originally decided this case without publishing the opinion, but the government successfully petitioned the court to published it. Here are those materials. A cert petition is pending (docket no. 11-6168, definitely one to watch!):

US Request to Publish

LaBuff Opposition

Update with additional Ninth Circuit materials:

Doc 27 Objection filed October 18, 2011