Federal Court Requires Exhaustion of Tribal Remedies in ICRA Habeas Claim

Here are the materials in Styliest v. Rosebud Sioux Tribe (D.S.D.):

1 Habeas Petition

5 DCT Order Denying Habeas Writ

The Eighth Circuit denied petitioner’s direct appeal of his federal conviction here.

Nebraska COA Remands ICW Case for Failure to Notify Rosebud Sioux Tribe

Here is the opinion in In re Nery V. From the opinion:

The county court for Hall County, sitting as a juvenile court, terminated the parental rights of Mario V., Sr. (Mario Sr.), and Ida V. to their minor children. Mario Sr. appeals in case  No. A-12-629, and Ida appeals in case No. A-12-662. We initially determine that the  relinquishments that Ida executed some 3 years before these proceedings are valid and that her attempted revocation of such is of no force and effect. But, because there is no evidence that the Rosebud Sioux Tribe was given proper notice of these termination of parental rights proceedings as required by the Nebraska Indian Child Welfare Act (NICWA), we find that the termination proceedings conducted were invalid and thus that the order of termination in both cases must be vacated. We therefore remand the causes to the juvenile court for further proceedings consistent with our opinion.

Race Discrimination Claim at Federal Training for BIA Officers Dismissed

Here is the opinion in Fuller v. Salazar (D. S.D.):

Fuller v Salazar

Interesting opinion.

An excerpt:

Plaintiff Howard J. Fuller, III (“Fuller”), acting pro se, sued Defendant Kenneth L. Salazar, Secretary of the United States Department of the Interior, claiming employment discrimination. Doc. 1. Fuller asserts that, while at the Indian Police Academy of the Bureau of Indian Affairs and while training as a police officer, Fuller was subject to actionable racial discrimination because of his Native American heritage. Fuller also claims that adverse employment action later was taken against him because of his race as an American Indian. Doc. 1. Defendant filed a motion for summary judgment, Doc. 23, which this Court grants for the reasons explained below.

Story on Minnesota State Rep. Susan Allen’s First Session in Office

An excerpt from the Star Tribune:

As the legislative session draws closer to an end, Allen is wrapping up her first season as the state’s first American Indian woman to serve in the Legislature. She’s made history on a national level, too — becoming the first openly gay American Indian woman to serve in any state legislature.

A tax attorney specializing in tribal law, Allen, DFL-Minneapolis, joined the Legislature after winning a special election on Jan. 10. She filled the House 61-B seat vacated by former Rep. Jeff Hayden, who is now a state senator.

Fellow lawmakers describe her as a thoughtful, gracious voice who doesn’t shy away from debates.

The post on her special election win is here.

Susan Allen (Lakota) Wins Special Election and Is First Indian to be Seated in Minnesota Legislature

Her website is here.

News coverage here and here.

ICT on the Keystone Oil Pipeline that May Cross Sioux Nation Territory

Here. Additional coverage of the lobbying efforts of TransCanada in the Washington Post today.

Keystone XL Pipeline Map

Federal Court Dismisses Effort to Reopen Black Hills Judgment Fund

Here is the opinion in Different Horse v. Salazar and Rosebud Sioux Tribe (D. S.D.):

Different Horse DCT Order.

And the briefs:

US Motion to Dismiss Different Horse Complaint

Different Horse Response

US Reply to Different Horse Response

Iowa COA Affirms Termination of Indian Parent’s Rights

Here is the opinion in In re C.M.

Iowa Appellate Court Affirms Termination of Parental Rights of Indian Parent

Here is the unpublished opinion in In re J.A.P.

 

U.S. v. Medearis — Tribal Search Warrant Valid under Federal Law

Here are the materials in this case that details the interaction of tribal (Rosebud Sioux, in this case) and federal criminal procedure rules, holding that FRCrimPro 41 is inapplicable to tribal law enforcement officers when investigating alleged violations of tribal criminal law.

Magistrate R&R — Medearis

Medearis Objection to Magistrate R&R

DCT Order re Motion to Suppress