Eighth Circuit Vacates Voting Rights Act Win for Turtle Mountain and Spirit Lake Tribes

Here is the opinion in Turtle Mountain Band of Chippewa Indians v. Howe. Here is a related opinion in Turtle Mountain Band of Chippewa Indians v. North Dakota Legislative Assembly.

Prior post on the trial proceedings.

Briefs in the main case:

Appellant Brief

Red States Amicus Brief

Appellee Brief

Federal Amicus Brief

Lawyers Committee Amicus Brief

NAACP Amicus Brief

NCAI Amicus Brief

Reply

Eighth Circuit Affirms Dismissal of Wrongful Death Suit against BIA Cops for Killing Innocent Tribal Citizen

Here are the materials in Martin v. Gorneau:

Appellant Brief

Federal Actors Brief

Municipal Actors Brief

State Actors Brief

Unpublished Opinion

Prior post here.

North Dakota Federal Court Dismisses Wrongful Death Suit against BIA Cops for Killing Innocent Tribal Citizen

Here are the materials in Martin v. Gorneau (D.N.D.):

1 Complaint

59 US Motion to Dismiss

66 Individual Defendants Motion to Dismiss

71 State Defendants Motion to Dismiss

76 Response

78 Individual Defendants Reply

79 State Reply

80 US Reply

89 Magistrate Report

90 Objection

91 Individual Defendants Response

92 US Response

93 State Reply

95 DCT Order

Turtle Mountain and Spirit Lake Win Redistricting Lawsuit Against North Dakota

On November 17, 2023, the North Dakota federal district court ruled in favor of the Turtle Mountain Band of Chippewa Indians and the Spirit Lake Nation against the North Dakota Secretary of State. The Plaintiffs proved at trial that the North Dakota legislative redistricting plan violates Section 2 of the Voting Rights Act (VRA) by diluting the voting strength of Native American voters living on and near both reservations.  The state has been ordered to submit a VRA compliant redistricting plan to the court by December 22, 2023.

The Order is here:

Previous post on this matter here and PR here.

North Dakota Federal Court Allows Challenge to Tribal TERO Suit to Proceed against TERO Officer

Here are the materials in Dakota Metal Fabrication v. Parisien (D.N.D.):

Litigation in North Dakota Federal Court over Turtle Mountain TERO Power to Assess Nonmember Business on Trust Lands

Here are the materials so far in Hanson v. Parisien (D.N.D.):

ND District Court Denies State’s Motion to Dismiss Redistricting Case

Here is the Order denying the North Dakota’s Motion to Dismiss Turtle Mountain and Spirit Lake’s Complaint.

The Tribes’ Release can be seen here. From the release:

“North Dakota’s newly drawn state legislative map dilutes the voting strength of Spirt Lake members. The Secretary of State has tried to dismiss the case on far-fetched procedural arguments because he doesn’t want to have to argue the facts, but we look forward to the opportunity move forward with this case,” said Spirit Lake Tribe Chair Douglas Yankton, Sr.

“Historically, Native voters in northeastern North Dakota have been able to elect two State House candidates of our choice. The new map reduces our representatives to one and is in direct violation of the Voting Rights Act. We appreciate that the court recognized that Tribes and individual Native voters have the right to be heard and have our voting rights protected,” said Turtle Mountain Chippewa Chair Jamie Azure.

The Motion, Response, Reply, and United States’ Statement of Interest are below.

Previous post on this matter here.

North Dakota SCT Reverses Decision to Grant Full Faith and Credit to Tribal Court Child Custody Order

Here are the materials in Baker v. Erickson:

North Dakota SCT Holds State Courts Have Jurisdiction over Trenton Indian Housing Authority Lands

Here are the materials in Trenton Indian Housing Authority v. Poitra:

An excerpt:

Lisa Poitra appeals from an order of eviction arguing that the district court lacked jurisdiction to enter the eviction order because the Trenton Indian Housing Authority (“TIHA”) constitutes a dependent Indian community, and a contract provision requires the eviction to be handled by the Turtle Mountain Band of Chippewa Indians Tribal Court. We conclude the record supports the district court’s finding that TIHA is not a dependent Indian community, the court’s determination it had subject matter jurisdiction, and the finding TIHA did not have a contractual obligation to bring the eviction action in the tribal court.

Lower court order here.

Turtle Mountain Band of Chippewa Indians and Spirit Lake Tribe v. Jaeger

The Turtle Mountain Band of Chippewa Indians, Spirit Lake Tribe, and several individual voters filed suit in North Dakota challenging North Dakota’s state legislative map as unlawfully diluting the voting rights of Native Americans in violation of Section 2 of the Voting Rights Act (VRA). You can see the complaint here.

Press release is here.

May be an image of text that says 'REDISTRICTING "In a process that is supposed to produce election boundaries that fairly and accurately reflect North Dakota's population, the state instead approved a map designed to stifle Native American votes." -PLAINTIFF WES DAVIS TURTLE MOUNTAIN CHIPPEWA) CHAIR OF NORTH DAKOTA NATIVE VOTE NARF'