Updates in Comenout Litigation

Here are the materials in Comenout v. Pierce County Superior Court (W.D. Wash.):

46 Motion to File Third Amended Complaint and PI

49 Motion for Sanctions

53 State Response to 46

54 US Response to 46

58 Reply in Support of 46

59 Response to 49

61 Reply in Support of 49

64 DCT Order Denying Motion for Sanctions

63 DCT Order Denying Motion to File

Prior posts here.

ICWA Case out of Idaho Supreme Court


In this case, the trial court ordered the Shoshone-Bannock Tribes to pay half of the cost of the child’s attorneys fees, sanctioned the Tribes for not turning over membership information in response to the adoptive couple’s motion to compel, barred the Tribes from presenting information on the child’s status as an Indian child, barred the Tribes from enrolling the child, and granted attorney’s fees request from the adoptive couple.

In 2015.

On August 12, 2015, the trial court granted the Does $863 in costs and $35,000 in attorney fees against the Tribes, and further granted Child’s counsel $6,056.25 in fees against the Tribes. The Tribes initially challenged the lower court’s discovery and sanction rulings, as well as its ultimate grant of petition for adoption and attorney fees. The Does cross-appealed, challenging the Tribes’ intervention in the matter. The Tribes have since dropped their challenge to the adoption and the Does correspondingly dropped their challenge to the Tribes’ intervention. What remains now is the Tribes’ assertion that the lower court’s discovery rulings, injunction, sanctions, grant of fees, and failure to find Child an Indian child were in error. The Does request attorney fees on appeal pursuant to Idaho Appellate Rule 11.2(a) and Idaho Code section 12–121.

All of these were ultimately overturned by the Idaho Supreme Court in the decision.

Eighth Circuit Briefs in Wolfchild v. Redwood County/Kaardal Sanctions Appeal


Counties Brief

Kaardal Sanctions Brief

Landowners Brief

Landowners Sanctions Brief

Lower Sioux Indian Community Brief

Pro Se Amicus Brief

Wolfchild Opening Brief

Wolfchild Sanctions Brief

Lower court materials here, here, and here.