New York Federal Court Rejects Shinneock Eel Harvesting Claims

Here is the opinion in Silva v. Parrish (E.D. N.Y.):

Briefs here.

Silva v. Farrish – Shinnecock Fishing Case Summary Judgment Briefings

Here are the pleadings in Silva v. Farrish (E.D. N.Y.):

152 NCAI and Shinnecock Kelp Farmers Amicus Brief

154 USET Amicus Brief

159 GLIFWC Amicus Brief

160 Law and History Professors Amicus Brief

161-11 Pls’ MoL in Supp of SMJ

161-14 Defs’ MoL in Opp’n to Pls’ SMJ

161-15 Pls’ Reply MoL

162-1 Defs’ MoL in Support SJM

162-33 Pls’ MoL in Opp

162-35 Defs’ Reply MoL

Prior post here.

Harvard Law Review Casenote on Silva v. Parrish

Here.

Link to the opinion here.

Second Circuit Issues Decision in Shinnecock Fishing Rights Case

Non-decision, more like. Here are the materials in Silva v. Farrish:

Where’s this guy when you need him?

Opinion here. Excerpt from the court’s syllabus:

We hold that Ex parte Young applies to the plaintiffs’ fishing-rights claims against the New York State Department of Environmental Conservation (“DEC”) officials— but not against the DEC itself—because the plaintiffs allege an ongoing violation of federal law and seek prospective relief against state officials. We also hold that the plaintiffs have Article III standing to seek prospective relief and that Younger abstention no longer bars Silva from seeking prospective relief because his criminal proceedings have ended. We therefore conclude that the district court erred in granting summary judgment to the DEC officials on the plaintiffs’ claims for declaratory and injunctive relief. The district court properly granted summary judgment on the discrimination claims because there is no evidence in the record that would permit an inference of discriminatory intent.

Lower court materials here.

Federal Court Rejects Shinnecock Fishers’ Suit

Here are the materials in Silva v. Farrish (E.D. N.Y.):

90 Objection to Magistrate Report

92 Response

96 DCT Order

Prior briefs here.

Federal Magistrate Recommends Dismissal of Shinnecock Members’ Off-Reservation Fishing Rights Suit [again]

Here are the updated materials in Silva v. Farrish (E.D. N.Y.):

83-6 Suffolk County Motion for Summary Judgment

83-10 Opposition

83-12 Reply

84-8 New York Motion for Summary Judgment

84-13 Opposition

84-14 Reply

89 Magistrate Report

Prior post here.

Federal Magistrate Recommends Dismissal of Shinnecock Members’ Off-Reservation Fishing Rights Suit

Here are the materials in Silva v. Farrish (E.D. N.Y.):

54-3 county defendants motion to dismiss

54-4 reply

54-5 plaintiffs opposition

56-3 state defendants motion to dismiss

56-6 plaintiffs opposition

56-8 reply

63 magistrate report

Prior post here.

UPDATE:

64 objections

65 Suffolk County

Response

66 Silva Reply

Federal Court Declines to Enjoin State Prosecution of Shinnecock Fishers

Here are the materials in Silva v. Farrish (E.D. N.Y.):

3 Motion for PI

44 Opposition

48 DCT Order

Briefs here.