Arizona COA Briefs in ISDEAA Tribal Immunity Case — Case to Watch

Here are the available briefs in Shirk v. Lancaster:

Lancaster et at Opening Brief

Navajo Nation Amicus Brief

GRIC Amicus Brief

Shirk Answering Brief

Shirk Response to GRIC Amicus

Lancaster et al Reply

Lower court materials here. Materials in related case against City of Chandler here. Here are the materials in the federal case dismissing a Federal Tort Claims Act action.

Confederated Tribes of Grand Ronde Swears in First Police Chief and Police Sergeant

Chief of Police Alvin LaChance Jr. being sworn in by Judge Suzanne Ojibway Townsend. Tribal Council Vice-Chair Jack Giffen is in the background.

Police Sergeant Jake McKnight and Chief of Police Alvin LaChance Jr.

Ninth Circuit Briefing in Dupris v. Procter (FTCA Claim against White Mountain Apache Officers)

Here are the briefs:

Dupris Opening Brief

Officers’ Answer Brief

Federal Answer Brief

Dupris Reply to Federal Brief

Dupris Reply to Officers Brief

Lower court materials are here.

Federal Court Dismisses Section 1983 Claim against Lower Sioux Tribal Police in Arrest of Tribal Member

Here are the materials in Hester v. Redwood County (D. Minn.):

Order Dismissing Action 8 6 2012

Redwood County Motion to Dismiss

Hester Opposition to Redwood County Motion

Redwood County Reply

Lower Sioux Motion for Summary J

Hester Opposition to Lower Sioux Motion

Lower Sioux Reply

 

New Mexico State Police Officer Arrested by Laguna Tribal Police

Story and video on KOB News here.

“Navajo Cops” Premieres Monday, March 12th on National Geographic Channel

Story in the Denver Post here.

Story in Farmington Daily Times (referenced in the Denver Post story) here.

Thanks to E.L. and V.N.

Federal Court Dismisses FTCA Claim against White Mountain Apache and BIA Police Officers

Here are the materials in Dupris v. McDonald (D. Ariz.):

DCT Order Dismissing Dupris Complaint

BIA Motion to Dismiss Complaint

US Motion to Dismiss Complaint

Dupris Motion for Partial Summary J

US Response to Motion for Partial Summary J

Is a Tribal Officer a Federal Officer under the Major Crimes Act?

The question here is whether an assault on a tribal officer can be prosecuted as an assault on a federal officer under the Major Crimes Act. The court concluded that whether the tribal cop is a federal cop must be proven beyond a reasonable doubt.

Here is the Court’s opinion in United States v. Danley.

Cross-Commissioning and the Navajo Nation

The following is an excerpt of the side bar to an article by The Daily Times:

FARMINGTON — Nine counties in three states encompassing Navajo land are considering agreements with the tribe to allow police officers on both sides to enforce laws. The agreements are expected to eliminate sanctuaries from the law and increase arrests and convictions.

San Juan County, N.M., is the only county that will not cross-commission deputies with the tribe, though Sheriff Ken Christesen has signaled a willingness to certify his deputies with the Bureau of Indian Affairs to enforce federal laws.

One county already has a cross-commissioning agreement in place, two have signed mutual aid agreements and the five remaining counties are considering their options.

Oglala Sioux Leaders Consider Putting Public Safety Department under BIA Control

From The Rapid City Journal:

Acknowledging widespread dissatisfaction with public-safety management on the  Pine Ridge Indian Reservation, the Oglala Sioux Tribe Judiciary Committee and  other tribal leaders met Thursday with Bureau of Indian Affairs personnel to  discuss changes that could put the OST Department of Public Safety under BIA  control once again. Continue reading