Northern District of California

Federal Court Dismisses Challenge to Paskenta Band Governance

Matthew L.M. Fletcher1 Comment

Here are the materials in Swearinger v. Paskenta Band of Nomlaki Indians Tribal Business Council (N.D. Cal.):

DCT Order Dismissing Complaint

Swearinger Complaint

Paskenta Band Motion to Dismiss

Swearinger Opposition

Paskenta Band Reply

An excerpt:

Plaintiffs are “enrolled members of the Paskenta Band of Nomlaki Indians,” a federally recognized Indian tribe with “approximately 240 members.” Docket No. 1, Compl. ¶¶ 11, 13-14. Although Congress revoked PBNI’s status as a federally recognized tribe in 1958, it  later restored the tribe’s federally recognized status in 1994 by enacting the Paskenta Band Restoration Act (PBRA), Pub. L. No. 103-454, §§ 301-03, 108 Stat. 4791 (codified as amended at 25 U.S.C. §§ 1300m et seq.). Compl. ¶ 21. The PBRA directed the Secretary of the Interior to conduct an “election for the purpose of adopting a constitution and bylaws for the Tribe.” 25 U.S.C. § 1300m-6. The PBRA further states that, after the tribe adopts a constitution, “such tribal constitution shall govern membership in the Tribe.” Id. § 1300m-4(b).

Summary Judgment Motions in Mishewal Wappo Tribe Federal Recognition/Termination/Trust Breach Case

Matthew L.M. Fletcher1 Comment

Here are the materials in Mishewal Wappo Tribe of Alexander Valley v. Jewell (N.D. Cal.):

Interior Motion for Summary J

Mishewal Wappo Motion for Summary J

Interior Opposition

Mishewal Wappo Opposition

Interior Reply

Mishewal Wappo Reply

Federal Court Dismisses Effort to Reopen Hardwick v. United States re: Picayune Rancheria (Chukchansi) Leadership

Matthew L.M. Fletcher

Here are the materials:

DCT Order Denying Motion to Enforce

Ramirez Family Motion

USA Response

Picayune Rancheria Response

Ramirez Family Reply

 

Challenge to Repatriation of “La Jolla Skeletons” Dismissed

Matthew L.M. Fletcher2 Comments

Here are the materials in White v. Regents of the University of California (N.D. Cal.):

Corrected UCSD Brief and Motion to Dismiss

KCRC Motion to Dismiss

White Opposition

University Reply

KCRC Reply

DCT Order Granting Motion to Dismiss

Our prior post on this case is here.

Federal Court Dismisses Resighini Rancheria Claims to Fish on Klamath River

Matthew L.M. Fletcher

Here are the materials in Resighini Rancheria v. Bonham (N.D. Cal.):

Complaint

Cal. Fish and Game Dept. Motion to Dismiss

Rancheria Motion for Summary J

DCT Order Dismissing Rancheria Complaint

California Tribes Move for Summary Judgment in Suit to Force Interior to Contract for Law Enforcement Services

Matthew L.M. Fletcher1 Comment

Here is the motion in Hopland Band of Pomo Indians v. Salazar (N.D. Cal.):

Hopland Band Motion for Summary J

The complaint is here.

Federal Court Dismisses (For 2d Time) ICWA-Related Claims against County of Alameda Workers et al.

Matthew L.M. Fletcher

Here is the order in Belinda K. v. County of Alameda (N.D. Cal.):

DCT Order Dismissing Belinda K’s Complaint

Here is the first order.

Complete Briefing in Big Lagoon Rancheria Class III Compact Dispute with California

Matthew L.M. Fletcher1 Comment

Here are the briefs:

California Brief

Big Lagoon Brief

California Reply

Big Lagoon Reply

Lower court materials here.

Effort by “Ukiah Valley Pomo Indian Tribe” to Force Secretarial Election/Federal Recognition Fails

Matthew L.M. Fletcher

Here are the materials in Allen v. United States (N.D. Cal.):

DCT Order Dismissing Allen Complaint

USA Motion to Dismiss

Allen Motion for Summary J

Cal. Board of Regents Motion to Dismiss Kumeyaay Suit Seeing Repatriation of “La Jolla Skeletons”

Matthew L.M. Fletcher

Here is the motion in Kumeyayy Cultural Repatriation Committee v. University of California (S.D. Cal.):

California Motion to Dismiss

Materials in a related case, White v. University of California, are here.