Federal Court Dismisses FTCA/Section 1983 Claim against Feds for Actions of Fort Peck Tribal Court

Here are the materials in Leachman v. United States (D. Mont.):

Cert Petition in McMahon v. Chemehuevi Indian Tribe

Here is the petition:

cert-petition.pdf

appendix.pdf

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.

Update:

Cert Opp

Reply

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 Declines Jurisdiction over Nisqually Officials under Ex parte Young

Here are the new materials in Bell v. City of Lacey (W.D. Wash.):

53-bell-response-to-tribe-mtd.pdf

58-dct-order.pdf

Prior pleadings, including the tribe’s motion on the pleadings (docket no. 36), are here.

Cert Petition in Jones v. Keitz [Criminal Prosection Arising from Chukchansi Casino Altercation]

Here is the petition:

Petition

Appendix

Question presented:

1. What facts must a plaintiff allege to state a claim for malicious prosecution against a California county and its sheriff under 42 U.S.C. § 1983, especially considering the heightened pleading standard this Court established in Ashcroft v. Iqbal, 556 U.S. 662 (2009)?
2. When a county sheriff is the country’s chief law enforcement officer, can a plaintiff hold a California County liable under Monell v. New York City Department of Social Services, 436 U.S. 658,694 (1978), by pleading he was wrongfully prosecuted based on an investigation led by the sheriff?

Federal Court Dismisses Section 1983 Complaint against New York Oneida Police

Here are the materials in Alexander v. Nolan (N.D. N.Y.):

1 Complaint

2 IFP Motion

4 Magistrate Report

6 DCT Order

17-1 Nolan MSJ

23 Response

24 Reply

25 DCT Order