Sixth Circuit Oral Argument in LTBB v. Whitmer


Briefs are here.

Sixth Circuit Briefs in Little Traverse Bay Bands of Odawa Indians v. Whitmer


LTBB Opening Brief 

Defendant-Appellee Whitmer Brief

Emmet County Lake Shore Assn and Protection of Rights Alliance Brief

Intervenor-Appellees–Cross-Appellants Combined Brief

Townships Brief

LTBB Reply

State Surreply re McGirt

Lower court materials here.

Cert Petition in McMahon v. Chemehuevi Indian Tribe

Here is the petition:



Questions presented:

1. Under Barker v. Harvey, 181 U.S. 481 (1901) and United States v. Title Insurance & Trust Co., 265 U.S. 472 (1924), did the Chemehuevi Indian Tribe’s failure to file a land claim under the 1851 Act extinguish any of the Tribe’s rights as to Section 36 as conveyed to the State of California for school purposes under the Enabling Act of 1853?

2. Given that this Court has found that states take title to property under the Enabling Acts subject to aboriginal title only where a preexisting treaty has preserved the aboriginal title, does the absence of any Chemehuevi Indian Tribe reservation at the time Section 36 was conveyed to the State of California under the Enabling Act of 1853 bar any claim by the Tribe or its members that Section 36 constitutes Indian country?

3. Does the Appropriation Doctrine bar any claim by the Chemehuevi Indian Tribe or its members that the 1907 Secretarial Order could transfer Section 36 to the Tribe after the property had already been conveyed to the State of California for school purposes under the Enabling Act of 1853?

Lower court materials here.


Cert Opp


Federal Court Affirms Yakama Reservation Boundaries

Here are the materials in Confederated Tribes and Bands of the Yakama Nation v. Klickitat County (E.D. Wash.):

1 Complaint

16 Motion to Dismiss

23 Response

24 Reply

25 DCT Order Denying Motion to Dismiss

36 Tribe Motion for PI

43 County Response

51 Reply

58 DCT Order Denying Motion for PI

76 US Amicus Brief

77 County Trial Brief

78 Yakama Trial Brief

86-1 Corrected US Amicus Brief

100 Washington Amicus Brief

112 DCT Order

Yakama PR

Ninth Circuit Partially Reinstates Section 1983 Claim against San Bernardino County Law Enforcement

Here is the opinion in Chemehuevi Indian Tribe v. McMahon.

An excerpt:

It is undisputed that the Sheriff cannot enforce regulatory traffic laws in “Indian country.” See 18 U.S.C. § 1162; 28 U.S.C. § 1360. “Indian country” includes, but is not limited to, land within the boundaries of a reservation. 18 U.S.C. § 1151. The issues for decision today are (1) whether the individual Tribe members and the Tribe can challenge the citations through a 42 U.S.C. § 1983 action; and, if so, (2) whether Section 36 is Indian country. We hold that the individual plaintiffs, but not the Tribe, can challenge the citations under § 1983. And, we conclude that all the citations occurred within Indian country. We therefore vacate the district court’s judgment dismissing the complaint as to the individuals but affirm the judgment as to the Tribe.

Briefs here.

Federal Court Decides Little Traverse Bay Bands of Odawa Indians v. Whitmer [formerly Snyder]

Here is the order:


Briefs here.

Case page here.

Updated Pleadings in Little Traverse Reservation Case

Here are the updated pleadings in Little Traverse Bay Bands of Odawa Indians v. Whitmer (W.D. Mich.):

568 Municipal Defendants Motion for Summary Judgment

572 Governor Motion to Dismiss on Jurisdiction

579 Property Owners Motion

582 Governor Motion for Summary Judgment

583 LTBB Motion for Partial Summary Judgment re Intervenors

586 LTBB Motion for Summary Judgment — Historical

591 Intervenors Response to 583

596 LTBB Response to 572

601 LTBB Reply in Support 583

603 Municipal Defs Response to 586

606 Governor Response to 586

608 Municipal Defs Response to 583

610 – Tribe’s Resp. in Opp. to Municipal Def. Motion for SJ

611 – Tribe’s Resp. Brief in Opp. to State’s Motion for SJ

612 – Tribe’s Resp. in Opp. to Associations Motion for SJ

Prior posts here and here.