Federal Court Dismisses Section 1983 Claim against Warm Springs Police Dept. Brought by Former Tribal Police Officer

Here are the materials in Weaver v. Gregory (D. Or.):

1 Complaint

10 Motion to Dismiss

14 Response

16 Reply

18 DCT Order

Ninth Circuit Briefing — Tribal Sovereign Immunity Under the Clean Water Act

Here are the briefs relevant to the sovereign immunity issue in Deschutes River Alliance v. Portland General Electric Company:

Final Tribal Amici Brief in Support of Warm Springs – File-Stamped

Appellant’s First Brief

Second Brief on Cross-Appeal – CTWS (filed 9 28 20)

Appellant’s Third Brief

Idaho Power Amicus Brief

PGE Brief

PGE Reply

Tribal Amicus Brief

Warm Springs Reply

And here are the lower court materials in Deschutes River Alliance v. Portland General Electric Company (D. Or.):

72 Warm Springs Motion to Dismiss

74 Pacific Gas Motion to Dismiss

76 Deschutes River Response

78 Pacific Gas Reply

82 Warm Springs Reply

84 Warm Springs Brief in Support of Defendants

103 DCT Order

Federal Court Suppresses Firearms Acquired by Tribal Law Enforcement in Warrantless Search at Warm Springs

Here are the materials in United States v. Fuentes (D. Or.):

Fuentes Motion to Suppress

Government’s Response to Motion to Suppress

DCT Order Granting Suppression Motion

Commentary on Warm Springs Gaming Compact Approval

Here is the Federal Register notice — Fed Reg 03.01.11

From Lance Boldrey:

Here is today’s Federal Register notice announcing that a compact for Warm Springs has been “deemed approved” notwithstanding that the ultimate effectiveness of the compact is conditioned on, among other things, the land being taken into trust at a future date. (The land is not yet in trust.) Although done without fanfare, this confirms that Interior has completely repudiated the so-called “Warm Springs” doctrine put in place during the Bush Administration. That doctrine, which reversed Interior’s historical practice, held that Interior would not approve a site-specific gaming compact unless and until the land was in trust. By rejecting that doctrine, the Obama Administration returns to a more sensible policy of allowing tribes and states to work out the parameters of gaming before land goes into trust.

US v. Boise — Challenge to Confession Obtained by Tribal Police

Here’s an Indian Civil Rights Act-related case out of the District of Oregon involving a motion to suppress a statement obtained by tribal police to be used as evidence in federal court. The motion was denied.

boise-motion-to-suppress

us-response-to-boise-motion

boise-reply-brief

us-v-boise-dct-order-denying-motion-to-suppress