Federal Court Declines to Dismiss Cockfighting Prosecution against Yakama Indian

Here are the materials in United States v. Olney (E.D. Wash.):

877 Olney Motion to Dismiss

882 US Response

883 Reply

888 DCT Order

Federal Court Dismisses Indian Child Welfare-Related Habeas Petition arising from Yakama

Here are the materials in George v. Superior Court (E.D. Wash.):

35 Fox Motion to Dismiss

39 DCt Order Dismissing Claims

An excerpt:

Here, the three elements for abstention are met. The underlying Superior Court proceedings are ongoing and it is generally recognized that family relations are a traditional area of state concern. Moore v. Sims, 442 U.S. 415, 435, 99 S.Ct. 2371, 60 L.Ed.2d 994 (1979); H.C. ex rel. Gordon, 203 F.3d at 613. The Superior Court had apparent concurrent personal jurisdiction over the parties with the Tribal Court and has jurisdiction to determine the legal affect of the Tribal Court proceedings, its own jurisdiction, and to consider deferring to the Tribal Court if it finds it appropriate. See Wash. Rev.Code 37.12.010; Maxa v. Yakima Petroleum, Inc., 83 Wash.App. 763, 767, 924 P.2d 372 (1996); Confederated Tribes of the Colville Reservation v. Superior Court of Okanogan County, 945 F.2d 1138, 1140, n. 4 (9th Cir.1991) (noting that Pub.L. 280 did not divest Tribal Courts of concurrent jurisdiction over child custody matters). The children were residing off-reservation in Spokane County for at least six months consecutive prior to when the custody petitions were filed, and it appears the children may have been domiciled on Yakama Nation land for at least a day when Plaintiff’s custody petition was filed in Tribal Court. Finally, both parties availed themselves of the child custody proceedings held in the respective courts. Defendant participated in the Tribal Court proceedings, and Plaintiff participated in the Superior Court proceedings. Thus, Plaintiff has an adequate forum in which to assert her federal claims. At this point, extraordinary circumstances do not exist that would require the Court to refrain from abstaining in this matter.

 

Update Federal District Court Materials in Yakama/Washington Tax Dispute

Here are updated materials in State of Washington v. Yakama Nation Tribal Court (E.D. Wash.):

DCT Denying Motion to Dismiss for Ineffective Service

DCT Order Denying Motion to Compel Arbitration

Yakama Motion to Compel Arbitration

Yakama Motion to Dismiss for Ineffective Service

State Opposition to Yakama Motions

Yakama Reply on Arbitration

Yakama Reply on Ineffective Service Motion

Prior posts are here and here. The case is pending in the CA9 — materials here.

Opening Ninth Circuit Briefs in Yakama-State of Washington Tax Dispute

Here are the briefs in Confederated Tribes and Bands of the Yakama Reservation v. State of Washington:

Yakama Opening Brief

Washington Answer Brief

Reply Brief to come

Lower court materials here and here. Tribal court materials here.

Materials in Denial of Yakama Motion to Dismiss Washington v. Yakama Tribal Court

Here:

DCT Order Denying Yakama Motion to Dismiss

Yakama Motion to Dismiss

Washington Opposition to Motion to Dismiss

Yakama Reply re Motion to Dismiss

PI materials here.

Federal Court Denies Yakama Motion for Injunction in State-Tribal Fuel Tax Dispute

Here are the updated materials in State of Washington v. Tribal Court for the Yakama Indian Nation (E.D. Wash.):

Yakama Cross Motion

Washington Opposition to Yakama Motion

Yakama Reply

DCT Order Denying Yakama Motion for PI

The materials from the tribal court portion of this case are here. And the earlier federal court materials on tribal court jurisdiction are here.

Federal Court Order Memorializing Grant of Injunction against Yakama Tribal Court in Washington-Yakama Tax Dispute

Here is the order:

DCT Order Granting Washington’s Motion for PI

Briefs and materials here (federal) and here (tribal).

Tribal Court Materials in Yakama v. State of Washington — Fuel Tax Dispute

Here:

Yakama v Haight Tribal Court Complaint (USDC)

Yakama v Haight Tribal Court TRO (USDC)

Yakama v Haight Tribal Court TRO Motion (USDC)

Related federal court materials are here.

Philip Morris v. King Mountain — Tribal Court Exhaustion in 9th Circuit

This case, involving the tribal court exhaustion doctrine, was argued before the Ninth Circuit in May 2007 before Brunetti, McKeown, and William Fletcher. A parallel case is ongoing in the Yakama tribal court.

Here are the materials:

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