Here is the opinion from the Ninth Circuit. And the briefs:
Ninth Circuit
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Here is the unpublished opinion in Harris v. Parisien.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:
Marceau v. Blackfeet Housing Authority Cert Petition
marceau-v-blackfeet-housing-authority-cert-petition
The SCT Project’s materials on this case are here.
Bressi v. Ford Update — FTCA and Sovereign Immunity Case
Here are the briefs in Bressi v. Ford, a claim pending in the Ninth Circuit against Tohono O’odham Nation police officers.
The lower court opinion and the opening brief were posted earlier here.
Ninth Circuit Affirms Conviction of Fake Indians for Immigration Violations
Here is the Ninth Circuit’s unpublished opinion in United States v. Stowbunenko-Saitschenko. Here is a summary of the case from the opinion:
Oleh Rostylaw Stowbunenko-Saitschenko (“Stowbunenko”) appeals his conviction and sentence for Bringing in Illegal Aliens to the United States … and his conviction for Encouraging Illegal Aliens to Enter the United States …. These convictions resulted from an incident in which Stowbunenko, a naturalized American citizen who claims to be a member of an Indian tribe known as the Little Shell Pembina Band of North America (“PNLSB”), issued certificates of PNLSB membership to two Mexican nationals and then attempted to cross the border from Mexico to the United States with the Mexican nationals. At Stowbunenko’s urging, the Mexican nationals tried to use their tribal membership documents to secure entry to the United States. Stowbunenko was convicted of the above counts following a jury trial and sentenced principally to time served.
Here are the briefs in which the appellant’s make some startling (and frivolous) Jay Treaty and Indian law claims:
Activist Judge Cancels Christmas
An oldie but goodie from the Onion:
WASHINGTON, DC—In a sudden and unexpected blow to the Americans working to protect the holiday, liberal U.S. 9th Circuit Court of Appeals Judge Stephen Reinhardt ruled the private celebration of Christmas unconstitutional Monday.
Turtle Talk 
You must be logged in to post a comment.