South Dakota Federal Court Orders Tribal Exhaustion in Wrongful Death Suit against Rosebud Tribal Police, Feds Dismissed from Suit

Here are the materials in Archambault v. United States (D.S.D.):

1 Complaint

20 Atman Motion to Dismiss

23 US Motion to Dismiss

26 Romero Motion to Dismiss

31 Response

33 US Reply

34 Atman Reply

37 Romero Reply

42 DCt Order

Washington COA Reconsiders, Holds King Co. Police Must Face Wrongful Death Action in Killing of Muckleshoot Member

Here are the materials in Davis v. King County (Wash. Ct. App.):

79696-6-8-I Appellants’ Motion for Reconsideration

79696-6-8-I Appellees’ Response to Motion for Reconsideration

79696-6-8-I Order-Opinion

Prior post here.

Wash. Appeals Court Orders New Trial in Snohomish County Deputy’s Killing of Tulalip Man

Here are the materials in Lacy v. Snohomish County (Wash. Ct. App.):

4-15-19 Appellant’s Opening Brief

5-17-19 Respondent Cross Appellant’s Brief

6-14-19 Appellant’s Reply Brief

10-5-20 Opinion

Prior post here.

Fletcher on Policing and Anishinaabe Political Philosophy

Fletcher’s new working paper is up on SSRN: “Erasing the Thin Blue Line: An Indigenous Proposal.

Here is the abstract:

The article was inspired by the statements of support for the Black Lives Matter movement from state supreme courts like those in Washington and California, and elsewhere. I am a tribal appellate judge for several tribes here in Michigan, and I serve on the Michigan Tribal-State-Judicial Forum. In part, this article is addressed to the state judges who have spoken out on BLM and the judges on the Michigan forum who speak out in favor of Indian children. The novel claim of the article is that the Supreme Court long has used what I term “social contract talk” to demean, dehumanize, and marginalize POC and lower income persons most likely to be subjected to police interventions. This “social contract talk” is not the law, but enables judges to grant police (and prosecutors, though I don’t address them directly) immense discretion to target POC and lower income persons, and to immunize them from legal consequences. Weaponized “social contract talk” recalls the origin of the social contract in America, which enabled and encouraged slavery and dispossession of Indigenous peoples. I offer an alternative to social contract talk rooted in Anishinaabe political philosophy, which encourages inclusion, healing, and accountability. Many tribes have relatively little policing of their territories and a completely different mentality about criminal justice.

King County Deputies’ Negligence in Muckleshoot Member’s Death Beyond Wash. State Court Review

Here are the materials in Davis v. King County (Wash. Ct. App.):

8-31-20 Opinion

7-25-19 Appellant’s Brief

9-27-19 Amended Appellees’ Joint Response Brief

09-09-19 Appellees’ Joint Response Brief

10-9-19 Appellant’s Reply

An excerpt:

“Before addressing each of the estate’s arguments, we acknowledge that Davis’s death is tragic and echo the trial court’s sentiment that the application of RCW 4.24.420 here is problematic because it precludes claims where law enforcement officers’ actions and training may have been unreasonable, given their knowledge that the individual they were confronting was suicidal and armed. RCW 4.24.420 prevents courts and juries from reaching the issue of whether law enforcement’s negligence resulted in the loss of life. The statute is clear and precludes our evaluation of these policy questions.”

Senator John McCoy introduces legislation in Washington State reforming use of deadly force laws



Senator McCoy (Tulalip Tribes) recently was elected to a leadership position in the Senate, where he will chair the Senate Democratic Caucus.

Natives Most Likely to be Killed by Police than Any Other Race

“The racial group most likely to be killed by law enforcement is Native Americans, followed by African Americans, Latinos, Whites, and Asian Americans.”

Here is the report from the Center on Juvenile and Criminal Justice.