tribal court jurisdiction

Native America Calling Episode about Enforcing ICWA Today @ 1PM Eastern

Matthew L.M. Fletcher

Here. Description:

A non-Native woman in Alaska refuses to abide by a tribal court order to turn an Alaska Native foster child over to the girl’s family members. It’s a blatant disregard of tribal sovereignty even after a notable re-affirmation of the Indian Child Welfare Act by the U.S. Supreme Court. The woman took custody of the child, named Chanel, at the request of the girl’s father, right before he was convicted of murdering Chanel’s mother during a domestic dispute. We’ll look at that case, as well as efforts to bolster ICWA compliance elsewhere.

Case materials here.

District of Alaska Dismisses Case Regarding Selawik Tribal Court Child Protection Case

Kate Fort

The tribal child custody case here has received a lot of social media attention with very few details. The case is in Selawik Tribal Court.

Here was the attempt by the foster mother to receive a federal injunction in the case:

Memorandum In Support of Motion for Preliminary Injunction to Stay Tribal Court Judgement

Native Village of Selawik Motion to Dismiss

Exhibits accompanying Motion to Dismiss:

12-1

12-2

12-3

12-4

12-5

12-6

12-7

12-8

Opposition to Motion to Dismiss

Order Granting Motion to Dismiss

 

Montana SCT Briefs in Monroe v. Boggs [Blackfeet Tribal Court Child Custody Matter]

Matthew L.M. Fletcher

Here:

Boggs Opening Brief.pdfDownload
Monroe Answer Brief.pdfDownload
Boggs Reply.pdfDownload

New Mexico Federal Court Enjoins State Court Tort Claim against Pojoaque Pueblo, Choosing Federal Precedent over State Precedent

Matthew L.M. Fletcher

Here are the materials in Pueblo of Pojoaque v. Wilson (D.N.M.):

25-1 Tribe MSJ.pdfDownload
28-1 Martinez Response.pdfDownload
29 Wilson Response.pdfDownload
31 Tribe Reply to Wilson Response.pdfDownload
32 Tribe Reply to Martinez.pdfDownload
38 DCT Order.pdfDownload

Complaint here.

North Dakota SCT Decides Against State Court Jurisdiction over Reservation Accident

Matthew L.M. Fletcher

Here is the opinion in Jay v. Lavallie.

Briefs:

Appellant Brief

Appellee Brief

Supplemental Appellant Brief

Supplemental Appellee Brief

Pojoaque Pueblo Sues over State Court Assertion of Jurisdiction re: Casino Slip and Fall

Matthew L.M. Fletcher

Here is the complaint and associated materials in Pueblo of Pojoaque v. Wilson (D.N.M.):

1 Complaint

1-4 District Court Order

 

Dismissal of the Watso v. Piper Case

Kate Fort

There have been a long series of federal cases in Minnesota involving tribal court child welfare jurisdiction over non-member children residing on the reservation (Watso, Nguyen). Most recently, Watso v. Piper was dismissed. The magistrate’s decision (that was upheld), is particularly well written.

Magistrate Report

Memorandum Opinion and Order

Watso v. Jacobson here

Americans for Tribal Court Equality here

Fletcher on Statutory Divestiture of Tribal Sovereignty

Matthew L.M. Fletcher

“Statutory Divestiture of Tribal Sovereignty” is now available on SSRN, here. Forthcoming in the Federal Lawyer, April 2017.

The abstract:

The Supreme Court’s non-decision in Dollar General v. Mississippi Band of Choctaw Indians is evidence not only of disagreement on tribal civil jurisdiction but perhaps also uncertainty in how to analyze divestiture of tribal sovereignty. Most scholars (including myself) have described the Court’s behavior in tribal sovereign authority cases as one of judicial supremacy, in that the Court merely makes policy choices based on its own ideological views of tribal power. That is a mistake. Persuaded by the federal government’s argument in Dollar General, I now argue that the proper analysis rests with federal statutes. Indian law practitioners can and should reconsider the Court’s prior decisions in this vein, as the best ones already do, and analyze tribal sovereign powers in the paradigm of statutory divestiture rather than judicial supremacy.

North Dakota SCT Awards Attorney Fees to Defendants in Indian Country Tort Claim Brought in State Court

Matthew L.M. Fletcher1 Comment

Here is the opinion in Tillich v. Bruce.

An excerpt:

Don Bruce, Vinier Davis, and Linda Davis (“Defendants”) appeal from a judgment granting their motion to dismiss and denying their request for attorney fees. We reverse the district court’s denial of the Defendants’ request for attorney fees under N.D.C.C. § 28-26-01(2) and remand for calculation of attorney fees based upon accepted factors and order the district court award attorney fees to the Defendants.

Briefs:

1. Tillich v. Bruce – Appellee Brief
Abstract: Argument date: Oct. 2016. Topic: Torts (Negligence, Liab., Nuis.). Judge: Hon. M. Richard Geiger.

 

2. Tillich v. Bruce – Appellant Brief
Abstract: Argument date: Oct. 2016. Topic: Torts (Negligence, Liab., Nuis.). Judge: Hon. M. Richard Geiger.

 

3. Tillich v. Bruce – Reply Brief
Abstract: Argument date: Oct. 2016. Topic: Torts (Negligence, Liab., Nuis.). Judge: Hon. M. Richard Geiger.

Pro Se Complaint Challenging Saginaw Chippewa Tribal Court Jurisdiction

Matthew L.M. Fletcher

Here is the complaint in Avery v. Henry (E.D. Mich.):

Complaint