Here:
Lower court materials and links to prior iterations of this case here.
Omaha tribe
Opening Eighth Circuit Brief in Smith v. Parker — Formerly a Tribal Court Jurisdiction Matter, Now a Reservation Boundaries Matter
Federal Court Holds Omaha Reservation Not Diminished in Tribal Liquor Jurisdiction Matter
Here are the new materials in Smith v. Parker (D. Neb.):
136 Village of Pender Response
Cross-motions for summary judgment and briefs are here. Prior posts here, here, and here.
Update in Omaha Tribal Liquor Jurisdiction Case
The parties have filed cross-motions for summary judgment:
The United States and the State of Nebraska have each filed briefs on the question of whether the Omaha Tribe’s 1854 reservation has been diminished/disestablished, with the federal government supporting the tribe and the state opposing:
Nebraska Intervenes in Tribal Liquor Jurisdiction Case Involving Pender, NE Liquor Sellers
Here are the materials in Smith v. Parker (D. Neb.):
DCT Order Granting Nebraska Motion to Intervene
Opposition to Motion to Intervene
Nebraska Reply in Support of Motion to Intervene
Prior posts on this very interesting case are here and here.
Omaha Tribal Court Opinion Holding Tribe Has Authority to Tax Liquor Retailers on 1854 Reservation
Here is the opinion:
Village of Pender v Morris — Omaha Tribal Court
The District of Nebraska previously ordered exhaustion of tribal remedies in this matter, materials here.
And here is the briefing schedule:
News coverage here.
Iowa COA Affirms Termination of Indian Parent’s Rights
Here is the opinion in In re C.M.
Omaha Tribe Member’s Challenge to the Eagle Act Fails
The lesson learned, once again, is to request a permit to take eagles. Here are the materials in U.S. v. Bertucci (D. Neb.):
Federal Court Dismisses Pro Se Claim for Tribal Per Cap
Here is the opinion ins Springer v. Griffin (D. Neb.), a claim against the Omaha Tribe — Springer v Griffin
An excerpt:
Liberally construed, Plaintiff brings his claims pursuant to the Indian Gaming Regulation Act (“IGRA”). 25 U.S.C. §§ 2701-2721. The IRGA provides Indian tribes with the authority to distribute gaming proceeds to tribal members, per capita, if such distribution is in compliance with an approved allocation plan. See 25 U.S.C. § 2710(b)(3). It is unclear from Plaintiff’s Complaint if the Omaha Tribe has such an approved plan. However, even if it does, whether Plaintiff is entitled to the tribe’s casino proceeds turns on a determination of whether Plaintiff is a tribal member.
If Plaintiff is not a tribal member, the court lacks jurisdiction to over his claims. As discussed above, a tribe has the exclusive authority to determine its membership. There is no greater intrusion upon tribal sovereignty than for a federal court to interfere with this determination. See Smith, 100 F.3d at 559. Continue reading
Nebraska COA Orders Trial Court to Comply with ICWA
The case, In re Lawrence H., is here.
From the court’s intro:
Ida H. and Jose O. appeal the order of the separate juvenile court of Douglas County that terminated their parental rights to their son Lawrence H., also known as Faren H. (Faren). Because we conclude that the juvenile court erred in deferring its ruling on the motion to transfer of the Omaha Tribe of Nebraska (Omaha Tribe), we reverse the juvenile court’s denial of the motion to transfer, vacate and dismiss the order terminating parental rights, and remand with directions to transfer the matter to tribal court.
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