Section 1983

California Federal Court Allows Round Valley to Sue Mendocino County + Sheriff over Weed Raids

Matthew L.M. Fletcher

Here are the materials in Round Valley Indian Tribes v. Kendall (N.D. Cal.):

35 First Amended Complaint.pdfDownload
40 Kendall Motion to Dismiss.pdfDownload
46 State Motion to Dismiss.pdfDownload
48 Opposition to 40.pdfDownload
53 Reply ISO 40.pdfDownload
56 Opposition to 46.pdfDownload
60 Reply ISO 46.pdfDownload
64 DCT Order.pdfDownload

Prior post here.

Seventh Circuit Briefs in Waukegan Potawatomi Casino LLC v. City of Waukegan

Matthew L.M. Fletcher

Here:

Casino Opening Brief.pdfDownload
City Answer Brief.pdfDownload

Lower court materials here.

Utah Federal Court Dismisses Ute Tribe Effort to Force State to Sell Land Back to the Tribe

Matthew L.M. Fletcher

Here are the materials in Ute Indian Tribe v. Ure (D. Utah):

1 Complaint.pdfDownload
17 DNR Motion to Dismiss.pdfDownload
23 USITLA Motion to Dismiss.pdfDownload
25 State Officials Motion to Dismiss.pdfDownload
38 Ute Response to 17.pdfDownload
39 Ute Response to 25.pdfDownload
40 Ute Response to 23.pdfDownload
45 State Officials Reply ISO 25.pdfDownload
46 USITLA Reply ISO 23.pdfDownload
47 State DNR Reply ISO 17.pdfDownload
52 DCT Order.pdfDownload

Montana Federal Court Dismisses Wrongful Death Suit Allegedly Caused by “Rogue” Tribal Police Force Formed in 2020

Matthew L.M. Fletcher

Here are the materials in Old Bull v. United States (D. Mont.)

17 Second Amended Complaint.pdfDownload
21 Officer Motion to Dismiss.pdfDownload
21-1 Crow Tribal Court Materials.pdfDownload
27 DCT Order Dismissing Officer.pdfDownload
31 Old Bull Motion for Summary J.pdfDownload
35 Federal Cross Motion for Summary J.pdfDownload
39 Old Bull Reply.pdfDownload
43 Federal Reply.pdfDownload
46 DCT Order.pdfDownload

News profiles of the Crow Tribal Police force that was formed and disbanded in 2020 abound. Here, here, and here.

Mother Jones made a video:

Illinois Federal Court Holds Race-Based Discrimination against Tribal Businesses is Legal under Federal Law [yeah I’m being a little pissy about this]

Matthew L.M. Fletcher

Here are the materials in Waukegan Potawatomi Casino LLC v. City of Waukegan (N.D. Ill.):

1 Removal Notice.pdfDownload
1-1 State Court Complaint.pdfDownload
122 City Motion for Summary J.pdfDownload
132 Response.pdfDownload
152 Reply.pdfDownload
171 DCT Order.pdfDownload
Bojack Horseman

Split Ninth Circuit Affirms Tribal Immunity in Banishment Case, Remands for Reconsideration of Section 1983 Claims against Tribal Officials

Matthew L.M. Fletcher

Here is the opinion in Oertwich v. Traditional Village of Togiak.

Togiak fish drying

Briefs here.

Eighth Circuit Restores Civil Rights Suit Brought by Water Protector Shot in Eye by North Dakota Cops [can I say pigs here? nah, I’m a pescaterian, BUT when even the Cato Institute wants you to lose maybe it’s right]

Matthew L.M. Fletcher

Here is the opinion in Mitchell v. Kirchmeier.

Diné Water Protector, Marcus Mitchell, in January 2017 at Standing Rock, ND. Photo: Hal Myers

Briefs:

Opening Brief.pdfDownload
NCAI Brief.pdfDownload
First Amendment Scholars Brief.pdfDownload
Cato Institute Brief.pdfDownload
Institute for Justice Amicus Brief.pdfDownload
Howard Civil Rights Clinic Amicus.pdfDownload
County Response Brief.pdfDownload
Kennelly Response Brief.pdfDownload
Reply.pdfDownload

Ninth Circuit Briefs in Section 1983 Suit against Warm Springs Tribal Police

Matthew L.M. Fletcher

Here are the briefs in Weaver v. Gregory:

Opening Brief

Answer Brief

Tribal Amicus Brief

Lower court materials here.

Federal Court Dismisses Suit against Ysleta del Sur Pueblo Police over Off-Reservation, Pretextual Stop

Matthew L.M. Fletcher

Here are the materials in Holguin v. Ysleta del Sur Pueblo (W.D. Tex.):

1 Notice of Removal

1-1 Complaint

4 Motion to Dismiss

5 Motion to Remand

7 Tribe Response to 5

9 DCT Order Denying Remand

12 Response to 4

15 Reply in Support of 4

18 Surreply

19 DCT Order

Federal Court Dismisses Navajo Nation from Pro Se Civil Rights Complaint by Removed Gallup School Board Member

Matthew L.M. Fletcher

Here are the relevant materials in Chicarello v. Dept. of the Interior (D.N.M.):

1 Complaint

19 Navajo Motion to Dismiss

35 DCT Order