Federal Court Order Granting Stay Pending Appeal in Tohono O’odham Trust Acquisition Case

Here:

DCT Order Granting Stay in TON Trust Acquisition Case

The earlier order granting summary judgment to the federal government is here.

Tohono O’odham Trust Acquisition Enjoined under Rule 62(c) in Gila River Indian Community v. US

Here is that order:

Injunction in GRIC v. United States 05-03-2011

Previously, the court had granted summary judgment to the United States (materials here).

Split Ninth Circuit Panel Affirms Injunction against Arizona Immigration Law (S.B. 1070)

Here is today’s opinion in United States v. Arizona.

Here is the Tohono O’odham Nation’s amicus brief in a related case.

Gila River v. United States — Federal Court Affirms Interior Decision to Take Land Into Trust for Tohono O’odham Nation

Here is the opinion, via Indianz.

Here are the key materials:

Glendale Motion for Summary J

GRIC Motion for Summary J

TON Motion for Summary J

USA Motion for Summary J in Gila River v US

 

 

Tohono O’odham Nation Amicus Brief in Challenge to Arizona Immigration Law SB1070

Here: TON Amicus Brief in Friendly House Case

The complaint in the case, Friendly House v. Whiting (D. Ariz.) is here.

Arizona State Senator Denied Leave to Intervene in Challenge to Tohono O’odham Fee to Trust Case

Here is that order (the Senator is Russell Pearce): DCT Order Denying Sen Pearce Motion to Intervene

City of Glendale Sues to Prevent Tohono O’odham Casino

Here is the complaint in City of Glendale v. United States (D. Ariz.): City of Glendale Complaint. News article here, via Pechanga.

And here is the earlier complaint filed in regards to the same casino project, filed by Gila River.

Solis v. Desert Diamond Casino — Materials in OSHA Effort to Inspect Tohono O’odham Casino

Here:

Ex parte Application for OSHA Inspection Warrant

OSHA Brief

OSHA Declaration

Ninth Circuit Reverses Dismissal of Civil Rights Claims against Tribal Officers

Here is the opinion in Bressi v. Ford, authored by Judge Canby, which is a sort of companion case to Murgia v. Reed. The court did affirm the dismissal of a Bivens-type action against the officers. Here are the lower court materials in Bressi.

An excerpt detailing what tribal officers may do during a traffic stop of non-Indians:

We conclude that a roadblock on a public right-of-way within tribal territory, established on tribal authority, is permissible only to the extent that the suspicionless stop of non-Indians is limited to the amount of time, and the nature of inquiry, that can establish whether or not they are Indians. When obvious violations, such as alcohol impairment, are found, detention on tribal authority for delivery to state officers is authorized. But inquiry going beyond Indian or non-Indian status, or including searches for evidence of crime, are not authorized on purely tribal authority in the case of non-Indians.

And an excerpt recognizing the implications of the decision:

We recognize that one result of our ruling is that tribal officers who are authorized to enforce state as well as tribal law, and proceed to exercise both powers in the operation of a roadblock, will be held to constitutional standards in establishing roadblocks. That result is consistent with our prior decision inEvans v. McKay, 869 F.2d 1341, 1348(9th Cir.1989), which held that officers acting pursuant to both tribal and city authority in making arrests were subject to a § 1983 claim. This result also appears to us to be an inevitable consequence of the accommodation of tribal authority over rights-of-way within Indian country and the rights of non-Indians to travel those rights-of-way. If a tribe wishes to avoid such constitutional restraints, its officers operating roadblocks will have to confine themselves, upon stopping non-Indians, to questioning to determine non-Indian status and to detention only for obvious violations of state law.

Bressi v. Ford Update — FTCA and Sovereign Immunity Case

Here are the briefs in Bressi v. Ford, a claim pending in the Ninth Circuit against Tohono O’odham Nation police officers.

The lower court opinion and the opening brief were posted earlier here.

ford-defendants-answering-brief

united-states-answering-brief

bressi-reply-brief