Western District of New York

Second Circuit Briefs in Cayuga Property Tax Dispute with Seneca County

Matthew L.M. Fletcher

Here are the briefs in Cayuga Indian Nation v. Seneca County:

Seneca County Opening Brief

Cayuga Indian Nation Answer Brief

Seneca County Reply

Lower court materials here.

Federal Court Dismisses ICRA Habeas Claim against Seneca Nation by Tribal Member Facing Quasi-Banishment

Matthew L.M. Fletcher1 Comment

Sorry about the “quasi-banishment.” It’s a made up word, I know. 🙂

Mr. Mitchell contended that the Council’s action imposing certain restrictions on him (following a federal indictment charging him with fraudulent acts in connection with his position with a Nation gaming enterprise) subjected him to custody for purposes of ICRA, and sought habeas corpus relief. The Court held that Mr. Mitchell is not subject to custody or detention, and did not reach the question of exhausting tribal court remedies.

Here are the materials in Mitchell v. Seneca Nation of Indians (W.D. N.Y.):

15-1 Memorandum in Support of Motion to Dismiss Under Rule 12(B)(1)

18 Mitchell Opposition Motion Dismiss 1

9 – SNI Reply – Motion to Dismiss

23 – Order Granting Motion to Dismiss

Federal Search Warrant in Seneca-Cayuga’s Skydancer Smoke Shop in Upstate New York

Matthew L.M. Fletcher1 Comment

Here:

Skydancer Search Warrant

News coverage here.

Opening Second Circuit Brief in Appeal of Cayuga Immunity from Tax Foreclosure

Matthew L.M. Fletcher

Here is Seneca County’s opening brief:

Seneca County Opening Brief

Lower court materials are here.

Available Briefs in Second Circuit Appeal of Constitutional Challenge to IGRA and Seneca Compacts

Matthew L.M. Fletcher

Here are the appellee briefs in Warren v. United States:

Brief for Federal Appellees

Brief for New York Appellees

Brief for Seneca Nation Amicus

Lower court materials here.

Federal Magistrate Recommends Denial of Motion to Dismiss Tobacco Trafficking Charge arising in Indian Country

Matthew L.M. Fletcher

Here are the materials so far in United States v. Nappi (W.D. N.Y.):

Nappi Motion to Dismiss

Federal Response

Magistrate R&R in US v Nappi

Federal Court Holds Cayuga Indian Nation Immune from Seneca County Property Tax Foreclosure Suit

Matthew L.M. Fletcher3 Comments

Here are the materials in Cayuga Indian Nation v. Seneca County (W.D. N.Y.):

8-21-12 Cayuga tax decision

Cayuga Motion

Seneca County Opposition

Cayuga Reply

This appears to be the same issue the SCT took up in Madison County v. Oneida Indian Nation last year.

Effort to Stop State Court Probate of Tonawanda Seneca Will Fails

Matthew L.M. Fletcher

Here are materials from Peters v. Noonan (W.D. N.Y.):

DCT Order Denying TRO

Peters Motion

Constitutional Challenge to IGRA by Anti-Seneca Gaming Advocate Rejected

Matthew L.M. Fletcher1 Comment

As first noted on Indianz, here are the materials in Warren v. United States (W.D. N.Y.):

Warren Proposed Amended Complaint

USA 1st Motion to Dismiss

USA 2nd Motion to Dismiss

DCT Order Dismissing Warren Complaint

UPDATE: 01 Amicus Seneca Nation of Indians’ Response to Plaintiff’s Motion to Amend Complaint 

Native Wholesale Supply Bankruptcy Filings

Matthew L.M. Fletcher

Here:

NWS Bankruptcy Complaint

NWS Motion for PI