Federal Court Denies Sanctions Request in Dismissed Intra-Tribal Leadership Dispute

Here are the materials in Tribal Council of the Cheyenne and Arapaho Tribes of Oklahoma v. Foster (W.D. Okla.):

1 Complaint

9 Notice of Voluntary Dismissal

13 Motion for Sanctions

13-5 Wilkinson v Hamilton Tribal Court Opinion

13-30 Hamilton v Election Commission Tribal Court Opinion

16 Notice of Voluntary Dismissal

17 Response to Motion for Sanctions

18 Reply

20 DCt Order

Comanche Nation of Oklahoma v. Bernhardt Cert Petition [Chickasaw Gaming]

Here is the petition captioned Comanche Nation of Oklahoma v. Zinke [but presumably will switch to Comanche Nation of Oklahoma v. Bernhardt]:

Companche v Zinke Cert Petition

Question presented:

Whether the “former reservation” exception permitting lands acquired by the United States in trust for an Oklahoma Tribe after the effective date of the Indian Gaming Regulatory Act of 1988 to be devoted to gaming purposes, is applicable to lands not subject to Tribal jurisdiction prior to the acquisition.

Lower court materials here.

Oklahoma American Indian Arts and Crafts Sales Act of 1974 Struck Down [definition of “Indian” more restrictive than federal law]

Here are the materials in Fontenot v. Hunter (W.D. Okla.):

1 Complaint

33 Ps Motion for Summary Judgment

35 Oklahoma Motion for Summary Judgment

39 Ps Response

41 State Response

42 State Reply

43 Ps Reply

47 DCT Order

An excerpt:

Although the Court rejects Plaintiff’s challenges under the Due Process and Equal Protection Clauses of the Fourteenth Amendment, as well as those under the dormant Commerce Clause and the First Amendment, the Court finds for the foregoing reasons that Plaintiff has shown that Oklahoma’s American Indian Arts and Crafts Sales Act of 1974, as amended, Okla. Stat. tit. 78, §§ 71-75, violates the United States Constitution’s Supremacy Clause and is therefore unconstitutional, both facially and as applied to her.

 

Tenth Circuit Decides Davilla v. Enable Midstream Partners

Here is the opinion in Davilla v. Enable Midstream Partners.

Briefs:

appellant brief

appellee brief

reply

Lower court materials here and here.

Tenth Circuit Decides Comanche Nation v. Zinke [Chickasaw Trust Land Acquisition]

Here is the unpublished order.

Briefs here.

Lower court materials here.

Tenth Circuit Briefs in Caddo Nation of Oklahoma v. Wichita and Affiliated Tribes II

Here:

Appellant Brief

Response Brief

Reply

Case tag here.

Federal Court Allows Civil Rights Suit against City of Lawton over Killing of Comanche Citizen [Christina Dawn Tahhahwah] in Jail

Here are the materials in Robinson v. City of Lawton (W.D. Okla.):

1 Complaint

92 Short and Turner MSJ

93 Gordon and Jenkins MSJ

95 City of Lawton MSJ

96 Adamson et al MSJ

105 Response to 92

106 Response to 96

108 Response to 95

113 Reply in Support of 95

114 Reply in Support of 96

115 Reply in Support of 92

123 DCT Order

Prior post here.

Federal Dismisses Amended Complaint in Caddo Nation Sacred Sites Suit against Wichita & Affiliated Tribes

Here are the materials in  (W.D. Okla.):

60 amended complaint

63 motion to dismiss

66 response

67 reply

68 dct order

Federal Court Dismisses Gaming Developer’s State Law Claims against Apache Tribe, Orders Tribal Court Exhaustion in Others

Here are the materials in FSS Development Company LLC v. Apache Tribe of Oklahoma (W.D. Okla.):

21 motion to stay

22 motion to dismiss

25 response

26 reply

31 dct order

Tenth Circuit Briefs in Comanche Nation v. Zinke [Chickasaw Trust Land Acquisition]

Here:

Comanche Opening Brief

Federal Answer Brief

Reply

Lower court materials here.