Northern District of California – Page 14

Should’ve read this, first: Kaighn Smith, Jr., Federal Courts, State Power, and Indian Tribes: Confronting the Well-Pleaded Complaint Rule, 35 N.M. L. Rev. 1 (2005) (email me if you want a copy).

ICWA-Related Federal Civil Rights Claim Dismissed

July 12, 2011Matthew L.M. Fletcher1 Comment

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

Belinda K v County of Alameda.

Here is an excerpt:

Plaintiff’s Count Sixteen is a § 1983 claim based on her allegation that her ICWA right to competent counsel in the Superior Court dependency proceedings was violated. Plaintiff alleges that the defendants “conspired and agreed that appointed attorneys would not as a custom and practice produce any written pleadings for the defense of their clients, nor would they be paid for their time to consult with their appointed clients.” Compl. ¶ 212. Plaintiff alleges that appointed counsel appeared in court but provided no “substantive actual effort, no investigation of the facts or the law nor vigorous defense or responsive pleadings” on behalf of appointed clients. Compl. ¶ 214. Plaintiff is asserting a direct claim for violation of ICWA (on the basis of ineffective assistance of counsel and on a number of other bases as well) in the related action, J.H. v. Baldovinos, pending before this Court. In Count Sixteen’s § 1983 claim, Plaintiff seeks to hold defendants liable for money damages and attorney’s fees based on this alleged violation. These remedies are not available to Plaintiff in her direct ICWA claim.

Federal Court Dismisses ICRA Habeas Action for Robinson Rancheria Disenrollees/Evictees

July 6, 2011Matthew L.M. Fletcher

Here are the materials in Quitiquit v. Robinson Rancheria of Pomo Indians (N.D. Cal.):

DCT Order Dismissing Quitiquit Complaint

Quitiquit Motion for TRO

Robinson Rancheria Motion to Dismiss

Quitiquit Opposition

Robinson Rancheria Reply

Cloverdale Rancheria Leadership Dispute Dismissed by Federal Court

May 24, 2011May 23, 2011Matthew L.M. Fletcher1 Comment

Here is the opinion in Cloverdale Rancheria of Pomo Indians of Cal. v. Salazar (N.D. Cal.):

DCT Order Dismissing Cloverdale Complaint

ICRA Habeas Petition in Robinson Rancheria Disenrollment Cases

March 22, 2011March 22, 2011Matthew L.M. Fletcher3 Comments

Here is the petition in Quitquit v. Robinson Rancheria Citizen Business Council (N.D. Cal.):

Quitquit Habeas Petition

An excerpt:

Petitioners Luwana Quitiquit, Robert Quitiquit, Karen Ramos, Inez Sands, and Reuben Want (Petitioners) are Native Americans currently residing on the tribal lands of the Robinson Rancheria of Pomo Indians in Nice (Lake County), California. They reside in homes they contracted to purchase through a federally-funded, low-income Indian housing program when they were enrolled members of the Robinson Rancheria Band of Pomo Indians tribe. In late 2008, the officers of the Robinson Rancheria Tribal Business Council (Respondents) passed a Resolution to disenroll Petitioners and extinguish all their rights as tribal members. Subsequently, Respondents established a Tribal Court with jurisdiction to hear only eviction cases brought by Respondents. Respondents retained an attorney to evict Petitioners using the newly-established Tribal Court. These evictions culminated in the issuance of a Judgment by the Tribal Court that, when executed, will effectuate the immediate expulsion of Petitioners from their homes on the reservation and from tribal land under threat of arrest and criminal trespass, effectively banishing them.

Karuk Motion for Summary Judgment against USFS in Sacred Sites Case

March 21, 2011Matthew L.M. Fletcher

Here is that pleading:

Karuk Motion for Summary Judgment

The case is captioned Karuk Tribe v. Kelley (N.D. Cal.).