White Earth Band of Chippewa Indians

Federal Court Issues Opinion on Scope of White Earth Tribal Police Authority as Federal Officers under FTCA

Matthew L.M. Fletcher

Here are the materials in Strei v. Blaine (D. Minn.):

61 MJ Order Granting Motion to Substitute Parties

112 DCT Order Affirming MJ Order

From the DCT Order:

Plaintiff Nathan Strei brings claims against five Defendants in this action, including tort claims against John McArthur and Merlin Deegan in both their official capacities as White Earth tribal police officers and their personal capacities. McArthur and Deegan moved to substitute the United States as the proper defendant for the common law tort claims brought against them, pursuant to the Federal Tort Claims Act (“FTCA”). The Magistrate Judge granted the motion for substitution, and Strei objects. The Court finds that the Magistrate Judge’s determination that McArthur and Deegan were acting within the scope of their employment as federal employees at the time of the events giving rise to Strei’s tort claims was neither erroneous nor contrary to law. Therefore, the Court will affirm the Magistrate Judge’s July 11, 2013 order.

Star-Tribune Coverage of White Earth Constitutional Referendum

Matthew L.M. Fletcher2 Comments

Here.

News Coverage of White Earth Chippewa Constitution Vote

Matthew L.M. Fletcher1 Comment

Here.

White Earth Band Chippewa Tribal Council Awarded Grant for Constitutional Reform

Matthew L.M. Fletcher

White Earth Tribal Council awarded Bush Foundation grant for constitutional reform process

WHITE EARTH, MINN. –  The Bush Foundation has recently approved a grant of $379,771 to the White Earth Tribal Council to help support the White Earth Nation’s constitutional reform process. White Earth’s match of $10,394 brings the total to $390,165.

In 2009, White Earth convened a Constitution Convention and drafted and ratified a new White Earth Nation Constitution.  The Bush Foundation funds will be used to inform and prepare White Earth constituents for a referendum on the White Earth Nation Constitution.

“Constitutional reform is imperative to the sovereignty, self-determination, and economic development of the White Earth Nation,” said White Earth Chairwoman Erma J. Vizenor.

“The present Minnesota Chippewa Tribe Constitution that has governed White Earth since 1936 is a boilerplate constitution from the Indian Reorganization Act of 1934,” said Vizenor.  “This boilerplate tribal constitution is similar to a business charter, lacking a separation of powers with no provision for an independent judicial system, weak assertion of jurisdiction, and restricting tribal citizenship to eventual extinction.”

The Bush Foundation was established in 1953 by 3M executive Archibald Bush and his wife, Edyth, and today works in communities across Minnesota, North Dakota, South Dakota and the 23 Native nations that share the same geographic area.

Minnesota COA Affirms Enforcement of Tribal Court Judgment in White Earth Fraud Case

Matthew L.M. Fletcher

Here is the unpublished opinion in United States ex rel. Auginaush v. Medure:

US ex rel Auginaush v Medure

An excerpt:

The tribal court adopted the arbitration transcript as the official record of its proceeding. This transcript included testimony from Medure. In August 2009 the tribal court ruled that the 1992 contract was null and void. In November 2010 the tribal court issued an order and judgment in favor of the band awarding all amounts paid under the contract, amounting to more than $18.5 million with interest accruing at the daily rate of $1,669.12.

We posted about this case in 2009.

Minnesota Court Recognizes Tribal Court Judgment of $19 Million against Gaming World International

Matthew L.M. Fletcher

Here is the news coverage.

We posted about the tribal court decision here.

Minn. Public Radio on White Earth Band Poverty and Return to Traditions

Matthew L.M. Fletcher

Here.

Job Posting: Minn. Regional Native Public Defense Corp.

Matthew L.M. Fletcher

REGIONAL NATIVE PUBLIC DEFENSE CORPORATION

FULL TIME STAFF ATTORNEY

The RNPDC is seeking a full time staff attorney to join our organization.  Candidates with criminal defense experience and knowledge of Indian law are preferred.  Candidates must be licensed to practice law in the State of Minnesota.  Salary depends on qualifications.  The RNPDC has a Native American hiring preference.

The RNPDC seeks justice and fair treatment for White Earth and Leech Lake members facing criminal charges in and around the White Earth and Leech Lake reservations.  The RNPDC acts to respond to historical mistreatment and the racial disparities prevalent for Native people in the criminal justice system today.

To apply, send cover letter and resume to:

Megan Treuer

Executive Director

Regional Native Public Defense Corp.

P.O. Box 487

Cass Lake, MN 56633

(218) 339-5680

(218) 339-5686 fax

megantreuer@yahoo.com

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White Earth Band Awarded Millions in Tribal Court Dispute with Former Chair and Gaming Management Co.

Matthew L.M. Fletcher4 Comments

From the Bemidji Pioneer:

An $18,562,767.45 money judgment was recently awarded to the White Earth Band of Chippewa against Angelo Medure and Gaming World International, Ltd. (GWI).

The award culminates a 14-year struggle of the people of White Earth to recover illegal profit distributions made to Medure and Gaming World International. The legal action began in White Earth Tribal Court and then removed by GWI and Medure to Federal Court and then remanded back to Tribal Court by the Eighth Circuit Court of Appeals.

Medure was found to have conspired with former White Earth Chairman Darrell “Chip” Wadena to deprive the people of White Earth the benefits of the White Earth Land Settlement Act (WELSA). Although agreement provisions between GWI and Wadena required that Medure provide management services for the construction, development and operation of the Shooting Star Casino, GWI had no employees at the Shooting Star Casino at any time. In spite of having no employees at Shooting Star Casino, GWI and Medure were paid $10,153,772.61 in profit distributions. The management agreement required GWI to pay back the White Earth Land Settlement Act (WELSA) funds before any profit distributions were made to GWI.

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Minnesota Public Radio: White Earth Pushes for More Law Enforcement

Matthew L.M. Fletcher

From Minn. Public Radio:

White Earth Indian Reservation, Minn. — Unhappy with the way criminal cases are handled on the White Earth Indian Reservation, tribal officials are seeking more control over law enforcement and the courts.

Tribal officials say local counties don’t prosecute crimes on the reservation aggressively enough.

AN UNEASY RELATIONSHIP

Rape cases particularly are going unpunished on the White Earth reservation, Tribal Attorney Joe Plummer said. Tribal officials want those cases prosecuted to help break the cycle of teen pregnancy and poverty on the reservation.

“These are young girls, 14, 15, 16 years old being impregnated by older men, 21 and older,” Plummer said. “And these are not being prosecuted. I can’t remember when one was prosecuted.”

But county officials strongly disagree. They contend tribal members don’t cooperate with investigators.

The tribe’s dissatisfaction over how criminal cases are handled on the reservation is just one example of the tension between White Earth and Mahnomen County over land, taxes and crime.

“I can’t remember when [a rape case] was prosecuted.”
– Tribal Attorney Joe Plummer

A review of Mahnomen County court records from 2008 to 2009 appears to confirm Plummer’s complaint about the lack of prosecution for criminal sexual conduct cases. But it’s unclear if all of the records from those years are entered in the public database.

When it comes to fighting crime on the White Earth Reservation, counties control the system. The tribe can investigate crimes, but county prosecutors decide who gets charged with a crime.

The two sides often disagree on how cases are handled. It’s one of many areas where the tribe and the county don’t see eye to eye.

COUNTY ATTORNEY: VICTIMS DON’T COOPERATE

Mahnomen County Attorney Julie Bruggeman said she’s not the problem. She said crime victims don’t cooperate with her office.

She also questions whether tribal officials really want justice for all the people accused of a crime. Bruggeman accused tribal officials of wanting to pick and choose who is prosecuted based on tribal connections.

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