Though one judge did strongly criticize the sentence, for a separate reason. Here is the opinion in U.S. v. Lamere (unpublished), and a separate concurrence.
Ninth Circuit
Ninth Circuit Vacates Bivens-Style Action against Tribal Officials
Here is the opinion in Murgia v. Reed — Murgia v. Reed (9th 2009)
Our earlier post on this case is here (including lower court materials and appellate briefs).
Thanks to T.M.!
Indian Law Cases Dominate Rule 19 Jurisprudence in the Ninth Circuit
Ah, nerd that I am about Rule 19….
Here is a case that has nothing to do whatsoever, so far as I can tell, about Indian law, but every single case cited by the court is an Indian law case — Regence BlueShield DCT Order
CA9 Remands Nonmember Jurisdiction Case to Tribal Court
Here is the Ninth Circuit’s opinion in Elliott v. White Mountain Apache Tribal Court. An excerpt:
We are sympathetic to Plaintiff’s concerns about defending her actions in an unfamiliar court system. But, because tribal court jurisdiction is plausible, principles of comity require us to give the tribal courts a full opportunity to determine their own jurisdiction in the first instance.
Here are the materials:
Solis v. Matheson — FLSA Applies to On-Reservation, Tribal Member Owned Business
Here is the opinion from the Ninth Circuit. And the briefs:
Cook v. Avi Casino Enterprises Cert Petitions — UPDATED
Apparently, there are two cert petitions in this, from the same petitioners but from different lower court judgments.
Ninth Circuit petition (08-929):
Cert Opposition 08-929
Arizona Court of Appeals petition (08-930):
Cert Petition 08-930
Ninth Circuit Rejects Challenge to 2001 Crow Constitution
Here is the unpublished opinion in Harris v. Parisien.
And an excerpt from a local news article (Billings Gazette):
A federal appeals court has rejected a Billings woman’s claim that her rights were violated when the Crow Tribe of Indians adopted a new constitution in 2001.
Frances Harris is an enrolled member of the Crow Tribe. She sued in U.S. District Court, seeking to invalidate the 2001 tribal constitution because it eliminated a voting district for tribal members who do not live on the Crow Indian Reservation.
Murgia v. Reed — CA9 Materials in Bivens Claim against Tribal Officers
Here are the materials in this case, in which the district court refused to dismiss a Bivens claim against tribal police. It was apparently argued on the same day last November as Bressi v. Ford (materials here):
There seems to be a rash of federal civil rights cases against tribal police (see also Jeanlouis v. Vidallia) under a wide variety of theories — FTCA, Sections 1981, 1982, 1985, and now Bivens. The Bivens claim is most unpredictable, of course, given that it is unprecedented as against tribal police. I’m sure insurers should be aware of this kind of claim and may be watching carefully.
Honoring Senior Ninth Circuit Judge Betty Fletcher
From How Appealing:
“Washington Legal Community to Honor Senior Circuit Judge Betty Binns Fletcher”: The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit yesterday issued a news release that begins, “The Washington state legal community and invited guests from across the country will gather next month in Seattle to honor Senior Circuit Judge Betty Binns Fletcher of the United States Court of Appeals for the Ninth Circuit.” It appears that Senior Judge Fletcher’s son, Ninth Circuit Judge William A. Fletcher, won’t be recused from participating in the event, as he’s slated to deliver the keynote address.
A sampling of cases in which Judge B. Fletcher wrote an opinion:
Cholla Ready Mix, Inc. v. Chivish, 382 F.3d 969 (9th Cir. 2004)
Boozer v. Wilder, 381 F.3d 931 (9th Cir. 2004)
AT&T Corp. v. Coeur d’Alene Tribe, 283 F.3d 1156 (9th Cir. 2002), 295 F.3d 899 (9th Cir. 2002)
State v. Hicks, 196 F.3d 1020 (9th Cir. 1999)
CA9 Decides Philip Morris v. King Mountain Tobacco
Here is the opinion from the Ninth Circuit denying that a colorable claim to tribal court jurisdiction existed in this trademark violation issue. And here are the briefs:
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