Asked and Answered on Lansing Casino Litigation

Featuring “Steve” Matthew Fletcher. Here.

An excerpt:

Thorpe: What is likely to be the next step in this process and when might it take place?

Fletcher: The next step is to litigate the Section 9 question; that is, whether it applies at all because of MILCSA and, if so, whether it forecloses the fee to trust application. I was surprised that Judge Jonker shut down Sault Tribe this early in the process, but it really hurts the tribe. Had Sault Tribe put in their application, the federal government is a party. And especially if Interior took the land into trust, suddenly the United States is a defendant, and they’re much more difficult to defeat than a mere Indian tribe. And no one is better suited to know the implications of an injunction at this early date than Judge Jonker, with all his experience litigating against the United States in Indian gaming cases.

Thorpe: If you were a betting man, what would you say are the odds of the Lansing casino ever being built, at least be the current proposed ownership team?

Fletcher: Flip a coin. Sault Tribe, because of its advantageous position as a result of MILCSA, has the best chance of any tribe. But the Section 9 problem may shut it all down. Moreover, all it takes is one rider in an Interior appropriations bill to undercut that provision.

KBIC Member Sues Michigan DNR over State Regs Affecting Pig Farming

Here is the complaint in Turenen v. Michigan Dept. of Natural Resources (W.D. Mich.):

Turunen Complaint

An excerpt:

Plaintiff is a family farmer and a member of the Keweenaw Bay Indian Community (KBIC) residing and farming in the Western Upper Peninsula of Michigan. Plaintiff has been raising crops and livestock for the past 23 years on land located in the territory ceded to the United States of America via the 1842 Treaty between the United States and the Lake Superior Chippewa Indians, 7 Stat. 591 (the 1842 Treaty). Plaintiff’s farming operations are conducted pursuant to rights reserved in Article II of the 1842 Treaty and pursuant to a license from KBIC. Plaintiff’s treaty-protected farming activities are being threatened by the policies and activities of Defendants which seek to destroy a certain agri-industry in the State of Michigan, so-called hunting estates. To achieve this questionable goal Defendants have sought to prohibit Plaintiff’s pigs through an Invasive Species Order which literally can be applied to any pig in existence. Further, Defendants’ policies make no provision for Plaintiff’s treaty-protected farming activities and Defendants’ seek to impose their regulatory schemes upon Plaintiff. Plaintiff invokes this Court’s jurisdiction in order to protect her treaty reserved right to farm within the territory ceded to the United States by the 1842 Treaty.

FTCA Claim against US for Alleged Negligence of Hannahville Indian Community Employee Dismissed on Jurisdiction Grounds

Here are the materials in Rock v. United States (W.D. Mich.):

DCT Order Dismissing Rock Complaint

Federal Motion to Dismiss 1st Amended Complaint

Rock Opposition

Federal Reply

Horrid story.

Federal Court Enjoins Sault Tribe from Seeking Trust Acquisition for Lansing Casino Property

News coverage here.

Link to opinion here.

DCT Order Granting Injunction

Briefs here.

Second Update in Michigan’s Suit against Proposed Sault Tribe Lansing Casino

Here are the new materials in State of Michigan v. Sault Ste. Marie Tribe of Chippewa Indians (W.D. Mich.):

Michigan Reply in Support of Motion for PI

Michigan Response to SSM Motion to Dismiss

Nottawaseppi Huron Band of Potawatomi Indians filings:

2012-12-21 Amicus Brief with Exs.

2012-12-21 Memorandum in supportof Motion to file an amicus brief

2012-12-21 Motion to file an amicus brief

Saginaw Chippewa Indian Tribe filings:

motionforleavetofile&brief

sagchipamicus

exhibitssagchip

Previous materials are here (complaint and motion for PI) and here (Sault Tribe’s responsive pleadings).

Keweenaw Bay Indian Community v. Sebelius — Contract Support Costs Complaint against Indian Health Service

Here is the amended complaint:

KBIC v Sebelius Amended Complaint

 

Bay Mills Indian Community Brief in Opposition to Michigan Cert Petition in Vanderbilt Casino Suit

Here:

Bay Mills Cert Opp

The petition is here.

Update in Michigan’s Suit against Sault Tribe and Lansing Casino Proposal

The tribe has moved to dismiss and to oppose the State’s request for a preliminary injunction.

Sault Tribe Motion to Dismiss

Sault Tribe Response to Motion for PI

The complaint is here.

News coverage is here.

Michigan Files Cert Petition in Dispute over BMIC’s Vanderbilt Casino

Here is the petition:

Petition for a Writ of Certiorari MI v BMIC

Better pdf here: Michigan v Bay Mills Cert Petition

Questions Presented:

1. Whether a federal court has jurisdiction to enjoin activity that violates IGRA but takes place outside of Indian lands.

2. Whether tribal sovereign immunity bars a state from suing in federal court to enjoin a tribe from violating IGRA outside Indian lands.

Sixth Circuit materials here.

My earlier views on why this petition isn’t going anywhere are here. I would add now that since Bay Mills, as I understand it, hasn’t re-opened the casino, and since the State filed an amended complaint way back when, there doesn’t seem to be much pressure to grant this particular petition. Also, if this is really an IGRA fight over an allegedly illegal casino, it’s really the federal government’s fight. In fact, NIGC already referred the matter to the federal prosecutors … a while back. Michigan is trumping up an alleged compact violation that might not even exist. There might be a compact violation, or not, but the State in its petition doesn’t even point to which provision in the compact BMIC is violating (maybe they did, but I didn’t see it).

Job Posting: Criminal Division AUSA Position in Marquette, MI Office

CRIMINAL DIVISION ASSISTANT UNITED STATES ATTORNEY
UNITED STATES ATTORNEY’S OFFICE
Western District of Michigan
Responsibilities and Opportunity Offered: The district is soliciting applications for a Criminal Division Assistant U.S. Attorney (AUSA) position in the Marquette, Michigan office, to join two other Criminal AUSAs already stationed there. Criminal Division assignments in this office cover the full range of federal offenses, including the prosecution of economic and violent crime in Indian Country. Although this position will handle a variety of matters arising from a variety of contexts, the AUSA can expect to have substantial responsibility in the handling of crimes occurring on property owned by, or held in trust for, Native American Tribes. Criminal Division AUSAs are also responsible for substantial legal research and writing, both at the trial and appellate levels. This particular position may require occasional civil litigation work.
Qualifications: Required Qualifications: Applicants must possess a J.D. degree, be an active member of the bar (any jurisdiction), and have at least one full year of post-J.D. experience. Preferred Qualifications: Applicants should have a history of outstanding academic and professional achievement for their years of experience and possess superior oral and written communication skills, as well as strong interpersonal skills and good judgment.
About the Office: The Western District of Michigan includes the western half of the Lower Peninsula of Michigan and all of the Upper Peninsula, a total of more than 35,000 square miles with a population in excess of three million. The district has 37 AUSAs, most of whom are located in the Grand Rapids office. With the filling of this posted position, there will be three attorneys in the Marquette branch office and two support personnel. In addition to the branch office in Marquette, the district also maintains a staffed branch office in Lansing, the State Capital. The district includes 11 federally-recognized Indian Tribes, which is the largest Native American population in a district east of the Mississippi River. Five of those Tribes are in the Upper Peninsula.
Travel: Substantial travel within the Upper Peninsula of Michigan will be required. Limited travel outside the district is likely.
Salary Information: AUSA pay is administratively determined based, in part, on the number of years of professional attorney experience. The current range of pay is $50,894 to $134,702, including locality pay.
Location: Marquette, Michigan. There will be an initial six to nine months of training and mentoring in the Grand Rapids office prior to assignment in Marquette.
Relocation Expenses: Relocation expenses will not be authorized.
Application Process: Send a cover letter, resume, completed questionnaire (see attachment) and writing sample (such as an appellate brief, substantive district court brief or memorandum of points and authorities). The writing sample should reflect your own work and not exceed a total of 25 pages.

The application package should be mailed to:

Ellie Drumm, Human Resources Officer
United States Attorney’s Office
P.O. Box 208
Grand Rapids, Michigan 49501-0208

An application package may be submitted by email to USAMIW.personnel@usdoj.gov. Please scan all materials into one .pdf file.