Ninth Circuit

Ninth Circuit Affirms Dismissal of Pro Se ICRA Suit Brought by Terminated Employee

Matthew L.M. Fletcher

Here is the unpublished opinion in Villasenor v. Torres-Martinez Desert Cahuilla Indians.

The tribe’s brief:

Tribe Answer Brief.pdfDownload

Ninth Circuit Rejects Effort to Stop Lithium Mine in Nevada

Matthew L.M. Fletcher

Here is the unpublished opinion in Western Watersheds Project v. McCullough. And same for the Bartell Ranch/Burns Paiute case.

Selected briefs:

Burns Paiute Brief.PDFDownload
Western Watersheds Brief.PDFDownload
BLM Brief.PDFDownload

Lower court materials here.

Split Ninth Circuit Panel Rejects Klamath Irrigation District’s Forum Shopping Efforts Designed to Thwart Bureau of Reclamation’s Release of Water for Tribal Purposes

Matthew L.M. Fletcher

Here are the materials in In re Klamath Irrigation District:

Opinion

Petition for Writ of Mandamus.pdfDownload
BOR Response.pdfDownload

Ninth Circuit Briefs in Constitutional Challenge to MCA as Unjustified Racial Classification

Matthew L.M. Fletcher

Here are the briefs in United States v. Gordon:

Gordon Opening Brief.pdfDownload

Ok, so there’s only that brief so far. Also, since the defendant stipulated to tribal membership with Nez Perce, I doubt this has legs, but it’s the kind of full-throated attack on the Indian status cases arising under the Indian country criminal jurisdiction statutes that we should expect more regularly — i.e., the kind that relies a LOT on single-authored concurrences and dissents from a certain SCT Justice that tends to rely on discredited historical research.

Here’s the lower court judgment (nothing terribly helpful here since the defendant stipulated to tribal membership):

DCT Docket No. 85 — Judgment.pdfDownload
Miigwetch, Onion people!

Klamath Irrigation District v. Bureau of Reclamation Cert Petition [Rule 19 & Tribal Immunity]

Matthew L.M. Fletcher

Here:

Klamath Irrigation District Cert Petition.pdfDownload

Question presented:

Whether Federal Rule of Civil Procedure 19 requires dismissal of an action challenging a federal agency’s use of water subject to state-adjudicated water rights if a Native American tribe asserts an interest in the suit and does not consent to joinder.

Lower court materials here.

Jaune Smith

Ninth Circuit Rules against Sauk-Suiatte in U&A Matter

Matthew L.M. Fletcher

Here is the opinion in Upper Skagit Indian Tribe v. Sauk-Suiatte Indian Tribe.

Briefs and so on here.

Jaune Smith — it’s as if I took a lot of close-up shots at a Whitney exhibition of her work. . . .

Modoc Nation and FAA Prevail in Challenge to Airport Sale to Tribe

Matthew L.M. Fletcher

Here is the unpublished order in Tule Lake Committee v. FAA:

20230105 – Memorandum Order Affirming Dismissal (9th Cir.).pdfDownload
Jaune Smith

Ninth Circuit Denies Attorney Fees to Chicken Ranch

Matthew L.M. Fletcher

Here is the opinion in Chicken Ranch Rancheria of Me-Wuk Indians of California v. State of California.

Briefs here.

Ninth Circuit Briefs in Lexington Insurance v. Suquamish

Matthew L.M. Fletcher

Here:

Lexington Opening Brief.pdfDownload
Suquamish Answer Brief.pdfDownload

Reply TK.

Lower court materials here.

Sauk-Suiattle v. Seattle Cert Petition

Matthew L.M. Fletcher

Here:

Cert Petition.pdfDownload

Questions presented:

  1. Is the court-created “futility” doctrine, which allows a United States court to decide a case removed from state court even though it lacks jurisdiction, repugnant to Article III of the Constitution?
  2. Does application of the so-called “futility” doctrine by a United States court to decide a case over which it lacks jurisdiction contravene 28 U.S.C. 1447(c), the plain language of which requires remand of the cause to the state court from which it was removed?
  3. Should the Supreme Court grant certiorari to reconcile a conflict among the circuit courts of appeal regarding the validity of the futility doctrine?

Lower court materials here.