Tag Archives: Section 1983

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 … Continue reading

Posted in Author: Matthew L.M. Fletcher, Criminal, Research | Tagged , , , ,

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.

Posted in Author: Matthew L.M. Fletcher, Criminal, Research, sovereign immunity | Tagged , , , , ,

Prisoner Complaint against Nisqually Tribe Dismissed

Here are the materials in Bell v. City of Lacey (W.D. Wash.): 9-complaint.pdf 36-tribe-motion-to-dismiss.pdf 39-response.pdf 40-tribe-reply.pdf 46-dct-order.pdf

Posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity | Tagged , , , ,

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 … Continue reading

Posted in Author: Matthew L.M. Fletcher, Criminal, Indian gaming, Research, Supreme Court | Tagged , , , ,

Section 1983 Claim against Puyallup Officers Dismissed

Here are the materials in Lewis v. United States (W.D. Wash.): 16 Amended Complaint 42 Puyallup Defendants MSJ 48 Ps Motion for Leave to Dismiss 49 Ds Response 50 DCT Order

Posted in Author: Matthew L.M. Fletcher, Research | Tagged , , ,

Eighth Circuit Decides Stanko v. Oglala Sioux Tribe

Here is the opinion. Briefs here.

Posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity, tribal courts | Tagged , , , , , ,

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

Posted in Author: Matthew L.M. Fletcher, Criminal, Research | Tagged , , ,

Eighth Circuit Briefs in Stanko v. Oglala Sioux Tribe [traffic ticket]

Here: Stanko First Brief Tribe Answer Brief Lower court materials here.

Posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity | Tagged , , , ,

Federal Police Killing Suit Filed for Suquamish Man’s Estate

Here is the complaint in Covarrubias v. City of Lakewood (W.D. Wash.): Covarrubias v. City of Lakewood Complaint

Posted in Author: Matthew L.M. Fletcher, Research | Tagged , ,

Federal Court Dismisses Construction Contractor’s Section 1983 Action against Reno-Sparks Indian Colony

Here are the materials in Forsythe v. Reno-Sparks Indian Colony (D. Nev.): 17 Tribe Motion to Dismiss 19 Wood Rodgers Inc Motion to Dismiss 24 Response to Tribe Motion 25 Response to Wood Rodgers Inc 27 Tribe Reply 28 Wood Rodgers … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research | Tagged , , , ,