2020 Federal Courts Cases
Last updated: January 6, 2021
Older Cases:
December
Prairie Island Indian Community v. Radisson Hotels International, Inc.
Materials via Turtle Talk
2020 WL 7490034
Case No. 20-CV-1234 (NEB/TNL)
United States District Court, D. Minnesota.
December 21, 2020
Legal Topics: Trademark Infringement
Mille Lacs Band of Ojibwe v. County of Mille Lacs
Materials via Turtle Talk
2020 WL 7489475
Case No. 17-cv-5155 (SRN/LIB)
United States District Court, D. Minnesota.
December 21, 2020
Legal Topics: Reservation Boundaries; Public Law 280
Mitchell v. Bailey
Materials via Turtle Talk
2020 WL 7329219
No. 19-51123
United States Court of Appeals, Fifth Circuit.
December 14, 2020
Legal Topics: Jurisdiction; Sovereign Immunity
Dunn v. Global Trust Management, LLC
Materials via Turtle Talk
2020 WL 7260771
No. 8:19-cv-2223-WFJ-AEP; No. 8:19-cv-2532-WFJ-AEP
United States District Court, M.D. Florida, Tampa Division.
December 10, 2020
Legal Topics: Tribal Sovereign Lending
Scalia v. Red Lake Nation Fisheries, Inc.
Materials via Turtle Talk
2020 WL 7083327
No. 19-3373
United States Court of Appeals, Eighth Circuit.
December 4, 2020
Legal Topics: Treaty Rights
Yocha Dehe Wintun Nation v. Newsom
2020 WL 7075504
No. 19-16384
United States Court of Appeals, Ninth Circuit.
December 3, 2020
Legal Topics: IGRA
Gwitchyaa Zee Corporation and Gwichyaa Zhee Gwich-in Tribal Government v. Bernhardt
2020 WL 7181581
No. 4:18-cv-0016-HRH
United States District Court, D. Alaska.
December 7, 2020
Legal Topics: ANCSA
Phillips v. State of Nebraska
Materials via Turtle Talk
2020 WL 7075524
8:19CV544
United States District Court, D. Nebraska.
December 3, 2020
Legal Topics: Jurisdiction
November
Spencer v. City of Spokane
Materials via Turtle Talk
2020 WL 7009655
No. 19-36054
United States Court of Appeals, Ninth Circuit.
November 27, 2020
Legal Topics: Selective Prosecution
Oneida Indian Nation v. Phillips
Materials via Turtle Talk
981 F.3d 157
No. 19-2737
United States Court of Appeals, Second Circuit.
November 24, 2020
Legal Topics: Sovereign Immunity
Hall v. Whitmer
Materials via Turtle Talk
2020 WL 6887408
Case No. 19-11909
United States District Court, E.D. Michigan, Southern Division.
November 13, 2020
Legal Topics: Treaty Rights; Tribal Membership
Navajo Nation v. Department of the Interior
Materials via Turtle Talk
2020 WL 6869449
No. CV-19-08340-PCT-JJT
United States District Court, D. Arizona.
November 23, 2020
Legal Topics: Fee to Trust
United States v. Clark
Materials via Turtle Talk
980 F.3d 746
No. 19-7046
United States Court of Appeals, Tenth Circuit.
November 17, 2020
Legal Topics: Sentencing Guidelines
Jim v. Shiprock Associated Schools, Inc.
Materials via Turtle Talk
2020 WL 6580139
No. 19-2100
United States Court of Appeals, Tenth Circuit.
November 10, 2020
Legal Topics: Title VII; Sovereign Immunity
Hardwick v. United States
Materials via Turtle Talk
2020 WL 6700466
Case No. 79-cv-01710-EMC
United States District Court, N.D. California.
November 13, 2020
Legal Topics: Fee to Trust
Ledford v. Eastern Band of Cherokee Indians
Materials via Turtle Talk
2020 WL 6693133
CIVIL CASE NO. 1:20-cv-00005-MR-WCM
United States District Court, W.D. North Carolina, Asheville Division.
November 12, 2020
Legal Topics: ICRA
United States v. Clark
Materials via Turtle Talk
980 F.3d 746
No. 19-7046
United States Court of Appeals, Tenth Circuit.
November 17, 2020
Legal Topics: Sentencing Guidelines
Jim v. Shiprock Associated Schools, Inc.
Materials via Turtle Talk
2020 WL 6580139
No. 19-2100
United States Court of Appeals, Tenth Circuit.
November 10, 2020
Legal Topics: Title VII; Sovereign Immunity
Hardwick v. United States
Materials via Turtle Talk
2020 WL 6700466
Case No. 79-cv-01710-EMC
United States District Court, N.D. California.
November 13, 2020
Legal Topics: Fee to Trust
Ledford v. Eastern Band of Cherokee Indians
Materials via Turtle Talk
2020 WL 6693133
CIVIL CASE NO. 1:20-cv-00005-MR-WCM
United States District Court, W.D. North Carolina, Asheville Division.
November 12, 2020
Legal Topics: ICRA
La Posta Band of Diegueno Mission Indians of the La Posta Reservation v. Donald Trump
Materials via Turtle Talk
828 Fed.Appx. 489
No. 20-55941
United States Court of Appeals, Ninth Circuit.
November 4, 2020
Legal Topics: Sacred Sites
October
United States v. Denezpi
Materials via Turtle Talk
979 F.3d 777
No. 19-1213
United States Court of Appeals, Tenth Circuit.
October 28, 2020
Legal Topics: Courts of Indian Offenses; Double Jeopardy
Dotson v. Tunica-Biloxi Gaming Commission
Materials via Turtle Talk
2020 WL 6386877
No. 20-30261
United States District Court, Fifth Circuit.
October 28, 2020
Legal Topics: Indian Gaming; Sovereign Immunity
Bear River Band of Rohnerville Rancheria v. State of California
2020 WL 6270929
No. C 20-05574 WHA
United States District Court, N.D. California.
October 26, 2020
Legal Topics: IGRA
Cayuga Indian Nation of New York v. Seneca County
Materials via Turtle Talk
978 F.3d 829
No. 19-0032
United States Court of Appeals, Second Circuit.
October 23, 2020
Legal Topics: Indian Taxation; Sovereign Immunity
Holtz v. Oneida Airport Hotel Corporation
Materials via Turtle Talk
826 Fed.Appx. 573
No. 20-1797
United States District Court, Seventh Circuit.
October 21, 2020
Legal Topics: ICRA; Sovereign Immunity
South Dakota v. Frazier
Materials via Turtle Talk
2020 WL 6262103
No. 4:20-CV-03018-RAL
United States District Court, D. South Dakota, Central Division.
October 23, 2020
Legal Topics: Sovereign Immunity
Debraska v. Oneida Business Committee
Materials via Turtle Talk
2020 WL 6204320
No. 20-C-1321
United States District Court, E.D. Wisconsin.
October 22, 2020
Legal Topics: Tribal Election
Pascua Yaqui Tribe v. Rodriguez
2020 WL 6203523
No. CV-20-00432-TUC-JAS
United States District Court, D. Arizona.
October 22, 2020
Legal Topics: Early Voting; Voting Rights Act
Flandreau Santee Sioux Tribe v. Terwilliger
Materials via Turtle Talk
2020 WL 6158920
No. 4:17-CV-04055-KES
United States District Court, D. South Dakota, Southern Division.
October 21, 2020
Legal Topics: IGRA
Yazzie v. Hobbs
Materials via Turtle Talk
977 F.3d 964
No. 20-16890
United States Court of Appeals, Ninth Circuit.
October 15, 2020
Legal Topics: Voting Rights
Rosebud Sioux Tribe v. Trump
Materials via Turtle Talk
2020 WL 6119319
No. 4_18-cv-00118-BMM
United States District Court, D. Montana.
October 16, 2020
Legal Topics: Keystone XL Pipeline
Genskow v. Delain
2020 WL 6119403
No. 20-C-731
United States District Court, E.D. Wisconsin.
October 16, 2020
Legal Topics: ICRA
Manzanita Band of the Kumeyaay Nation v. Wolf
Materials via Turtle Talk
2020 WL 6118182
No. 1:20-cv-02712 (TNM)
United States District Court, District of Columbia,
October 16, 2020
Legal Topics: NAGPRA
United States v. Archer
Materials via Turtle Talk
977 F.3d 181
No. 18-3727
United States Court of Appeals, Second Circuit.
October 7, 2020
Legal Topics: Fraud
United States v. State of Washington
Materials via Turtle Talk
2020 WL 5893377
No. C70-9213 RSM
United States District Court, W.D. Washington.
October 5, 2020
Legal Topics: Treaty Rights
September
United States v. Abouselman
Materials via Turtle Talk
976 F.3d 1146
No. 18-2164, No. 18-2167
United States Court of Appeals, Tenth Circuit.
September 29, 2020
Legal Topics: Water Rights
Securities and Exchange Commission v. Sugarman
Materials via Turtle Talk
2020 WL 5819848
No. 19-cv-5998
United States District Court, S.D. New York.
September 30, 2020
Legal Topics: Securities Act; Exchange Act
Chemehuevi Indian Tribe v. United States
Materials via Turtle Talk
150 Fed.Cl. 181
No. 16-492L
United States Court of Federal Claims.
September 29, 2020
Legal Topics: Trust Relationship
Scotts Valley Band of Pomo Indians v. United States Department of the Interior
Materials via Turtle Talk
2020 WL 5763583
No. 19-1544 (ABJ)
United States District Court, District of Columbia.
September 28, 2020
Legal Topics: IGRA
Tule Lake Committee v. Federal Aviation Administration
Materials via Turtle Talk
2020 WL 5749839
No. 2:20-cv-00688 WBS DMC
United States District Court, E.D. California.
September 25, 2020
Legal Topics: Tribal Sovereign Immunity
Adams v. Dodge
Materials via Turtle Talk
2020 WL 5652341
No. C19-1263-JCC
United States District Court, W.D. Washington, at Seattle.
September 23, 2020
Legal Topics: ICRA Habeas Corpus; Tribal Court Exhaustion Doctrine
Oxendine-Taylor v. Eastern Band of Cherokee Indians
Materials via Turtle Talk
2020 WL 5639307
No. 1:20-cv-00214-MR
United States District Court, W.D. North Carolina, Asheville Division.
September 14, 2020
Legal Topics: ICRA
SPRAWLDEF v. Guidiville Rancheria of California
Materials via Turtle Talk
822 Fed.Appx. 639
No. 19-16278
United States Court of Appeals, Ninth Circuit.
September 22, 2020
Legal Topics: Tribal Sovereign Immunity
Sierra Club; Spokane Tribe of Indians v. Hladick
2020 WL 5642788
No. 11-cv-1759-BJR
United States District Court, W.D. Washington.
September 22, 2020
Legal Topics: Clean Water Act
Daw v. Office of Navajo and Hopi Indian Relocation
2020 WL 5632121
No. CV-19-08212-PCT-SMB
United States District Court, D. Arizona.
September 21, 2020
Legal Topics: Navajo-Hopi Land Settlement Act
Southcentral Foundation v. Alaska Native Tribal Health Consortium
Materials via Turtle Talk
975 F.3d 831
No. 18-35868
United States Court of Appeals, Ninth Circuit.
September 14, 2020
Legal Topics: Declaratory Relief; Tribal Health Organizations
United States v. Begay
Materials via Turtle Talk
974 F.3d 1172
No. 19-2022
United States Court of Appeals, Tenth Circuit.
September 11, 2020
Legal Topics: Federal Sentencing Disparities
Hackford v. State of Utah
Materials via Turtle Talk
827 Fed.Appx. 808
No. 19-4093
United States Court of Appeals, Tenth Circuit.
September 10, 2020
Legal Topics: Jurisdiction
Ak-Chin Community v. Maricopa-Stanfield Irrigation & Drainage District
Materials via Turtle Talk
2020 WL 5517307
No. CV-20-00489-PHX-JJT
United States District Court, D. Arizona.
September 14, 2020
Legal Topics: Water Rights
Jamestown S'Klallam Tribe v. Azar
Materials via Turtle Talk
2020 WL 5505156
Civil Action No. 19-2665 (JEB)
United States District Court, District of Columbia.
September 11, 2020
Legal Topics: IHS; Trust Relationship
Shoshone-Bannock Tribes of the Fort Hall Reservation v. Bernhardt
Materials via Turtle Talk
2020 WL 5440548
Civil Action No. 02-0254
United States District Court, District of Columbia.
September 10, 2020
Legal Topics: Federal Trust Breach; Reservation Boundaries
The Shawnee Tribe v. Mnuchin
Materials via Turtle Talk
2020 WL 5440552
Case No. 20-cv-1999 (APM)
United States District Court, District of Columbia.
September 10, 2020
Legal Topics: CARES Act
Jamul Action Committee v. Simermeyer
Materials via Turtle Talk
974 F.3d 984
No. 117-16655
United States Court of Appeals, Ninth Circuit.
September 8, 2020
Legal Topics: IGRA; Sovereign Immunity
Nanouk v. United States
Materials via Turtle Talk
974 F.3d 941
No. 19-35116
United States Court of Appeals, Ninth Circuit.
September 4, 2020
Legal Topics: FTCA
Genskow v. Prevost
825 Fed.Appx. 388
No. 20-1601
United States Court of Appeals, Seventh Circuit,
September 3, 2020
Legal Topics: Tribal Sovereign Immunity
Pauma Band of Luiseno Mission Indians of the Pauma & Yuima Reservation v. State of California
Materials via Turtle Talk
973 F.3d 953
No. 18-56357
United States Court of Appeals, Ninth Circuit.
September 2, 2020
Legal Topics: IGRA
August
Chilkat Indian Village of Klukwan v. Bureau of Land Management
825 Fed.Appx. 425
No. 19-35424
United States Court of Appeals, Ninth Circuit.
August 28, 2020
Legal Topics: National Environmental Policy Act
Ute Indian Tribe of the Uintah and Ouray Reservation v. McKee
Materials via Turtle Talk
2020 WL 5095277
No. 2:18-cv-000314-HCN-DBP
United States District Court, D. Utah.
August 28, 2020
Legal Topics: Tribal Courts; Water Rights
United States v. Smith
Materials via Turtle Talk
2020 WL 5076404
No. 18-cr-3495 JCH
United States District Court, D. New Mexico.
August 27, 2020
Legal Topics: Federal Jurisdiction; Indian Country Land Status
George v. Office of Navajo and Hopi Indian Relocation
825 Fed.Appx. 419
No. 19-17153
United States Court of Appeals, Ninth Circuit.
August 25, 2020
Legal Topics: Navajo-Hopi Land Settlement Act
Goodface v. Lower Brule Sioux Tribe 2020 Election Board
Materials via Turtle Talk
2020 WL 5017352
No. 3:20-CV-03014-RAL
United States District Court, D. South Dakota, Central Division.
August 25, 2020
Legal Topics: Tribal Elections
Iron Hawk v. United States
2020 WL 5017355
No. 19-5080-JLV
United States District Court, D. South Dakota, Western Division.
August 24, 2020
Legal Topics: Federal Tort Claims Act
The Shawnee Tribe v. Mnuchin
Materials via Turtle Talk
2020 WL 4816461
No. 20-cv-1999 (APM)
United States District Court, District of Columbia.
August 19, 2020
Legal Topics: CARES Act
Perkins v. Commissioner of Internal Revenue
Materials via Turtle Talk
970 F.3d 148
No. 19-2481
United States Court of Appeals, Second Circuit.
August 12, 2020
Legal Topics: Treaty Rights; Indian Taxation
Mendoza v. First Santa Fe Insurance Services
Materials via Turtle Talk
2020 WL 4784806
No. 19-CV-00991 MV/KK
United States District Court, D. New Mexico.
August 18, 2020
Legal Topics: Jurisdiction
Gemini Insurance Company v. Harrah's NC Casino Company, LLC
Materials via Turtle Talk
2020 WL 4728118
No. 5:19-CV-488-D
United States District Court, E.D. North Carolina.
August 14, 2020
Legal Topics: Diversity Jurisdiction
Shingle Springs Band of Miwok Indians v. Caballero
2020 WL 4734933
No. 2:08-cv-03133-KJM-AC
United States District Court, E.D. California.
August 14, 2020
Legal Topics: Federal Recognition
Eglise Baptiste Bethanie de Ft. Lauderdale, Inc. v. Seminole Tribe of Florida
Materials via Turtle Talk
824 Fed.Appx. 680
No. 20-10173
United States Court of Appeals, Eleventh Circuit.
August 10, 2020
Legal Topics: Tribal Sovereign Immunity
Cadet v. Snoqualmie Casino
2020 WL 4569659
No. C19-1953JLR
United States District Court, W.D. Washington, at Seattle.
August 7, 2020
Legal Topics: Tribal Sovereign Immunity
Zurich American Insurance Company v. McPaul
Materials via Turtle Talk
2020 WL 4569559
No. CV-19-08227-PCT-SPL
United States District Court, D. Arizona.
August 7, 2020
Legal Topics: Tribal Court Jurisdiction
Saginaw Chippewa Indian Tribe of Michigan v. Blue Cross Blue Shield of Michigan
Materials via Turtle Talk
2020 WL 4569558
No. 16-cv-10317
United States District Court, E.D. Michigan, Northern Division.
August 7, 2020
Legal Topics: Medicare Like Rates; Fiduciary Duty
Singer v. Office of Navajo and Hopi Indian Relocation
2020 WL 4530477
No. CV-19-08171-PCT-DLR
United States District Court, D. Arizona.
August 6, 2020
Legal Topics: Navajo-Hopi Settlement Act
Lafley v. Adams
Materials via Turtle Talk
2020 WL 4530433
No. CV 20-29-M-DLC-KLD
United States District Court, D. Montana.
August 6, 2020
Legal Topics: Tribal Sovereign Immunity
Stephen C. v. Bureau of Indian Education
2020 WL 4464398
No. CV-17-08004-PCT-SPL
United States District Court, D. Arizona.
August 4, 2020
Legal Topics: Indian Education
July
Oneida Nation v. Village of Hobart
Materials via Turtle Talk
968 F.3d 664
No. 19-1981
United States Court of Appeals, Seventh Circuit.
July 30, 2020
*Synopsis: Oneida Nation brought action for declaratory and injunctive relief challenging legal authority of village located within reservation's original boundaries to enforce its special events permit ordinance against tribe, its officers, and its employees. Village filed counterclaim for declaratory relief. The United States District Court for the Eastern District of Wisconsin, No. 1:16-cv-01217, William C. Griesbach, J., 371 F.Supp.3d 500, entered summary judgment for village. Nation appealed.
*Holdings: The Court of Appeals, Hamilton, Circuit Judge, held that:
1) Village lacked authority to enforce permit ordinance;
2) Issue preclusion did not bar Nation from challenging village's legal authority to enforce ordinance against Nation; and
3) Exceptional circumstances did not warrant application of ordinance.
Reversed and remanded.
Landreth v. United States
Materials via Turtle Talk
2020 WL 4347377
No. C20-5333RBL
United States District Court, W.D. Washington.
July 29, 2020
Legal Topics: Sovereign Immunity
United States v. Ferguson
Materials via Turtle Talk
970 F.3d 895
No. 19-1723
United States Court of Appeals, Eighth Circuit.
July 27, 2020
Legal Topics: Major Crimes Act
United States v. Red Cloud
Materials via Turtle Talk
966 F.3d 886
No. 19-1210
United States Court of Appeals, Eighth Circuit.
July 23, 2020
*Synopsis: Defendant was convicted following guilty plea in the United States District Court for the District of South Dakota, Jeffrey Viken, J., of second degree murder, and sentenced to 48 months of incarceration. Government appealed.
*Holdings: The Court of Appeals, Kelly, Circuit Judge, held that defendant's below Guidelines sentence of 48 months was not substantively unreasonable.
Affirmed.
Cherokee Nation v. Stitt
Materials via Turtle Talk
2020 WL 4340549
No. CIV-19-1198-D
United States District Court, W.D. Oklahoma.
July 28, 2020
Legal Topics: IGRA; Gaming Compacts
Peoria Tribe of Indians of Oklahoma v. Campbell
Materials via Turtle Talk
2020 WL 4334907
No. 190CV-581-TCK-JFJ
United States District Court, N.D. Oklahoma.
July 28, 2020
Legal Topics: Jurisdiction
The Shawnee Tribe v. Mnuchin
2020 WL 4334908
No. 20-CV-290
United States District Court, N.D. Oklahoma.
July 28, 2020
Legal Topics: CARES Act
Gibbs v. Haynes Investments, LLC
Materials via Turtle Talk
967 F.3d 332
No. 19-1434
United States Court of Appeals, Fourth Circuit.
July 21, 2020
Legal Topics: Payday Lending
Martinez v. United States
Materials via Turtle Talk
822 Fed.Appx. 671
No. 19-1140
United States Court of Appeals, Tenth Circuit.
July 17, 2020
Legal Topics: Federal Tort Claims Act
Hanson v. Parisien
Materials via Turtle Talk
2020 WL 4117997
No. 3:19-cv-00270
United States District Court, D. North Dakota, Eastern Division.
July 20, 2020
Legal Topics: TERO
United States v. Walker River Irrigation District
2020 WL 4059689
No. 3:73-cv-00127-MMD-WGC
United States District Court, D. Nevada.
July 20, 2020
Legal Topics: Water Rights
Sisto v. United States
2020 WL 4049941
No. CV-20-00202-PHX-ESW
United States District Court, D. Arizona.
July 20, 2020
Legal Topics: Federal Tort Claims Act
Williams v. Medley Opportunity Fund II, LP
Materials via Turtle Talk
965 F.3d 229
Nos. 19-2058, 19-2082
United States Court of Appeals, Third Circuit.
July 14, 2020
Legal Topics: Tribal Sovereign Lending
Crow Indian Tribe v. United States
Materials via Turtle Talk
965 F.3d 662
No. 18-36030, No. 18-36038, No. 18-36050, No. 18-36077, No. 18-36078, No. 18-36079, No. 18-36080, No. 18-36042
United States Court of Appeals, Ninth Circuit.
July 8, 2020
*Synopsis: Indian tribes, environmental organizations, and animal-welfare groups filed suits claiming that Fish and Wildlife Service (FWS) violated Endangered Species Act (ESA) and Administrative Procedure Act (APA) by issuing final rule “delisting” or removing grizzly bear population in Greater Yellowstone Ecosystem from threatened species list. Following consolidation and intervention by Idaho, Montana, Wyoming, and private hunting and farming organizations, as defendant-intervenors, the United States District Court for the District of Montana, Dana L. Christensen, J., 343 F.Supp.3d 999, granted plaintiffs summary judgment, vacated final rule, and remanded. Government and intervenors appealed.
*Holdings: The Court of Appeals, Schroeder, Senior Circuit Judge, held that:
1) FWS's appeal of remand order was reviewable;
2) intervenors' appeal of recalibration order was reviewable;
3) full threats analysis was not required for effects of delisting on remnant population;
4) rule lacked adequate protection of grizzlies' long-term genetic diversity; and
5) rule's lack of commitment to recalibration of population estimator violated ESA.
Affirmed in part; remanded in part.
Dossett v. Ho-Chunk, Inc.
Materials via Turtle Talk
2020 WL 3977609
Case No. 3:19-cv-01386-SB
United States District Court, D. Oregon.
July 14, 2020
Legal Topics: Sovereign Immunity
Shopbell v. Washington State Department of Fish and Wildlife
Materials via Turtle Talk
2020 WL 3971395
No. 2:18-cv-1758
United States District Court, W.D. Washington.
July 14, 2020
Legal Topics: Treaty Rights
Grondal v. Mill Bay Members Association, Inc.
Materials via Turtle Talk
2020 WL 3892462
No. 2:09-cv-18-RMP
United States District Court, E.D. Washington.
July 9, 2020
Legal Topics: Indian Allotment
Poarch Band of Creek Indians v. Amneal Pharmaceuticals, LLC
2020 WL 3833009
Civil Action 20-0279-WS-B
United States District Court, S.D. Alabama, Southern Division.
July 8, 2020
Legal Topics: Opioid Manufacturing
United States v. Many White Horses
Materials via Turtle Talk
964 F.3d 825
No. 19-30018
United States Court of Appeals, Ninth Circuit.
July 6, 2020
Legal Topics: Tribal Sovereignty; Banishment
Standing Rock Sioux Tribe and Cheyenne River Sioux Tribe v. U.S. Army Corps of Engineers
Materials via Turtle Talk
2020 WL 3634426
Civil Action No. 16-1534 (JEB)
United States District Court, District of Columbia.
July 6, 2020
*Synopsis: Indian tribes filed suits, under Administrative Procedure Act (APA), claiming that Army Corps of Engineers' grant of easement for construction and operation of Dakota Access Pipeline (DAPL) to carry crude oil under Lake Oahe, which was reservoir lying behind dam on Missouri River and was federally regulated waterway bordering tribes' reservations, violated National Environmental Policy Act (NEPA), National Historic Preservation Act (NHPA), and Mni Waconi Act. Following consolidation, the District Court, James E. Boasberg, J., 255 F.Supp.3d 101, granted in part and denied in part parties' cross-motions for partial summary judgment, and remanded. On remand, Corps issued determination finding no significant environmental impact (FONSI) from pipeline crossing under waterway, thus exempting Corps from preparing environmental impact statement (EIS) under NEPA. The District Court, Boasberg, J., 2020 WL 1441923, granted in part and denied in part cross-motions for summary judgment, remanded for Corps to complete EIS, and requested separate briefing, on status of easement and oil pending completion of EIS, in which tribes argued for vacatur of permits granting easement and government opposed vacatur.
*Holdings: The District Court, Boasberg, J., held that:
1) Seriousness of deficiencies of Corps' decision not to prepare EIS weighed in favor of vacatur of easement and emptying pipeline during remand, and
2) economic disruption did not weigh decisively in favor of remand without vacatur; and
3) environmental disruption did not weigh decisively in favor of remand without vacatur.
Vacated.
June
Confederated Tribes and Bands of the Yakama Nation v. Yakima County
Materials via Turtle Talk
963 F.3d 982
No. 19-35199
United States Court of Appeals, Ninth Circuit.
June 29, 2020
Legal Topics: Criminal Jurisdiction
New Holy v. Department of the Interior
Materials via Turtle Talk
2020 WL 3542251
CIV. 19-5066-JLV
United States District Court, D. South Dakota, Western Division.
June 30, 2020
Legal Topics: Tribal Constitutions
Confederated Tribes of the Chehalis Reservation v. Mnuchin
Materials via Turtle Talk
2020 WL 3489479
Case No. 20-cv-01002 (APM), Case No. 20-cv-01059 (APM), Case No. 20-cv-01070 (APM)
United States District Court, District of Columbia.
June 26, 2020
Legal Topics: CARES Act
Lorry van Chase v. Bureau of Indian Affairs
2020 WL 3489469
Civil Action No. 18-2902 (EGS)
United States District Court, District of Columbia.
June 26, 2020
Legal Topics: Freedom of Information Act
Western Watersheds Project v. Bernhardt
468 F.Supp.3d 29
No. 20-cv-00860 (APM)
United States District Court, District of Columbia.
June 19, 2020
Legal Topics: Endangered Species Act; National Forest Management Act
Solenex LLC v. Bernhardt
Materials via Turtle Talk
962 F.3d 520
No. 18-5343
United States Court of Appeals, District of Columbia Circuit.
June 16, 2020
Legal Topics: Oil and Gas Leasing
Winnemucca Indian Colony v. United States
Materials via Turtle Talk
819 Fed.Appx. 480
No. 18-17121
United States Court of Appeals, Ninth Circuit.
June 15, 2020
Legal Topics: Tribal Elections
Agua Caliente Band of Cahuilla Indians v. Mnuchin
Materials via Turtle Talk
2020 WL 3250701
No. 20-cv-01136 (APM)
United States District Court, District of Columbia.
June 15, 2020
Legal Topics: CARES Act
Lingenfelter v. Liptak
2020 WL 3104007
No. 3:19-cv-2214
United States District Court, M.D. Pennsylvania.
June 11, 2020
Legal Topics: Religious Land Use and Institutionalized Person Act
Water Works Board of the City of Birmingham v. U.S. Bank National Association
Materials via Turtle Talk
2020 WL 3077147
No. 4:17-cv-04113-LLP
United States District Court, D. South Dakota, Southern Division.
June 10, 2020
Legal Topics: Fraud
United States v. Grote
Materials via Turtle Talk
961 F.3d 105
No. 18-181(L), 18-184(CON), 18-1802
United States Court of Appeals, Second Circuit,
June 2, 2020
*Synopsis: Two defendants were convicted in the United States District Court for the Southern District of New York, P. Kevin Castel, Senior District Judge, of racketeering, racketeering conspiracy, wire fraud, wire fraud conspiracy, money laundering, money laundering conspiracy, and making false statements in Truth in Lending Act (TILA) disclosures, arising out of defendants’ operation of an illegal payday lending scheme. Defendants appealed.
*Holdings: The Court of Appeals, Leval, Senior Circuit Judge, held that:
1) It would not have been futile for defendants to renew their objection to jury instruction on
willfulness element of racketeering, and
2) Even if jury jurisdiction on willfulness element of racketeering was plainly erroneous, the error did not affect defendants' substantial rights.
Affirmed.
Booker v. Plain Green, LLC
Materials via Turtle Talk
2020 WL 3056586
No. 8:20-cv-00959-T-02CPT
United States District Court, M.D. Florida, Tampa Division.
June 9, 2020
Legal Topics: Sovereign Immunity
Elliot v. Snyder
2020 WL 2988653
No. 2:18-cv-85
United States District Court, W.D. Michigan, Northern Division.
June 4, 2020
Legal Topics: Religious Land Use and Institutionalized Person Act
Gwitchyaa Zhee Corporation v. Bernhardt
464 F.Supp.3d 1056
No. 4:18-cv-0016-HRH
United States District Court, D. Alaska.
June 2, 2020
Legal Topics: ANCSA
May
Mdewakanton Band of Sioux in Minnesota v. Bernhardt
Materials via Turtle Talk
464 F.Supp.3d 316
No. 19-402
United States District Court, District of Columbia.
May 30, 2020
Materials via Turtle Talk
464 F.Supp.3d 316
No. 19-402
United States District Court, District of Columbia.
May 30, 2020
Legal Topics: Federal Recognition
Navajo Health Foundation v. Razaghi Development Company, LLC
2020 WL 2798014
No. 2:19-cv-00329-GMN-EJY
United States District Court, D. Nevada.
May 29, 2020
Legal Topics: Fraud; RICO
Yurok Tribe v. U.S. Bureau of Reclamation
Materials via Turtle Talk
2020 WL 2793945
No. 19-cv-04405-WHO
United States District Court, N.D. California.
May 29, 2020
Legal Topics: Endangered Species Act; Cultural Resources
Sxʷnq̓ʔels l Suw̓ečm / Ksukⱡiⱡmumaⱡ ʾA·kጦaⱡmukwaʾits d/b/a Energy Keepers Inc. v. Hyperblock LLC
Materials via Turtle Talk
2020 WL 2786938
No. CV 20-76-M-DWM
United States District Court, D. Montana.
May 29, 2020
Legal Topics: Breach of Contract
Ten Eyck v. United States
Materials via Turtle Talk
463 F.Supp.3d 969
No. 4:19-CV-4007-LLP
United States District Court, D. South Dakota, Southern Division.
May 28, 2020
Legal Topics:
Sovereign Immunity; FTCA
United States v. Unzueta
Materials via Turtle Talk
2020 WL 2733890
No. 20-20121
United States District Court, E.D. Michigan, Northern Division.
May 26, 2020
Legal Topics: Indian Status
Citizens for Clean Energy and the Northern Cheyenne Tribe v. Department of the Interior
2020 WL 2615527
Nos. CV-17-30-GF-BMM, CV-17-42-GF-BMM
United States District Court, D. Montana.
May 22, 2020
Legal Topics: Federal Coal Leases
Grand Canyon Trust v. Provencio
Materials via Turtle Talk
467 F.Supp.3d 797
No. CV-13-8045-PCT-DGC
United States District Court, D. Arizona.
May 22, 2020
Legal Topics: Uranium Mining; Cultural Resources
Holy v. Department of the Interior
2020 WL 2559805
No. CV 19-5066-JLV
United States District Court, D. South Dakota, Western Division.
May 20, 2020
Legal Topics: Tribal Constitution
Gila River Indian Community v. Cranford
Materials via Turtle Talk
459 F.Supp.3d 1246
No. CV-19-00407-TUC-SRB
United States District Court, D. Arizona.
May 12, 2020
Legal Topics: Reserved Water Rights
Chee v. Mescalero Apache Tribal Court
2020 WL 2395925
No. CIV 18-1197 JB/LF
United States District Court, D. New Mexico.
May 12, 2020
Legal Topics: Writ of Habeas Corpus
Magee v. Shoshone Paiute Tribes of the Duck Valley Reservation
Materials via Turtle Talk
460 F.Supp.3d 1073
No. 3:19-cv-00697-LRH-CLB
United States District Court, D. Nevada.
May 11, 2020
Legal Topics: Sovereign Immunity
Stephen C. v. Bureau of Indian Education
2020 WL 2319976
No. CV-17-08004-PCT-SPL
United States District Court, D. Arizona.
May 8, 2020
Legal Topics: Indian Education
Employers Mutual Casualty Company v. McPaul
Materials via Turtle Talk
804 Fed.Appx. 756
No. 19-15835
United States Court of Appeals, Ninth Circuit.
May 11, 2020
Legal Topics: Tribal Jurisdiction
Reyes v. Department of the Interior
Materials via Turtle Talk
2020 WL 2319848
No. 17cv01612 JAH-RBB
United States District Court, S.D. California.
May 11, 2020
Legal Topics: Tribal Membership
Agua Caliente Band of Cahuilla Indians v. Mnuchin
Materials via Turtle Talk
2020 WL 2331774
No. 20-cv-01136
United States District Court, District of Columbia.
May 11, 2020
Legal Topics:
CARES Act
United States v. Smith
457 F.Supp.3d 734
No. 3:16-cr-00086-SLG-1
United States District Court, D. Alaska.
May 5, 2020
Legal Topics: Jury Selection
Pasaye v. State of Nevada
2020 WL 2105024
No. 2:17-cv-02574-JAD-VCF
United States District Court, D. Nevada.
May 1, 2020
Legal Topics: Religious Land Use and Institutionalized Persons Act
Mashpee Wampanoag Tribe v. Bernhardt
2020 WL 2100972
No. 18-2242
United States District Court, District of Columbia.
May 1, 2020
Legal Topics: Recognition; Reservation Disestablishment
April
Holtz v. Oneida Airport Hotel Corportation
Materials via Turtle Talk
2020 WL 2085287
No. 19-C-1682
United States District Court, E.D. Wisconsin.
April 30, 2020
Legal Topics:
Indian Civil Rights Act; Americans With Disabilities Act
Fort Sill Apache Tribe v. National Indian Gaming Commission
Materials via Turtle Talk
459 F.Supp.3d 256
No. 14-958
United States District Court, District of Columbia.
April 30, 2020
Legal Topics: Indian Gaming Regulatory Act; Administrative Procedure Act
Eastern Band of Cherokee Indians v. Department of the Interior
Materials via Turtle Talk
2020 WL 2079443
Civil Action No. 20-757
United States District Court, District of Columbia.
April 30, 2020
Legal Topics: Trust Land Acquisition
Confederated Tribes of the Chehalis Reservation v. Mnuchin
Materials via Turtle Talk
456 F.Supp.3d 152
Nos. 20-cv-01002, 20-cv-01059, 20-cv-01070
United States District Court, District of Columbia.
April 27, 2020
Legal Topics: Relief Funds; CARES Act
Tsi Akim Maidu of Taylorsville Rancheria v. Department of the Interior
Materials via Turtle Talk
2020 WL 1974213
No. 2:17-cv-01156-TLN-CKD
United States District Court, E.D. California.
April 24, 2020
Legal Topics:
Federal Recognition
State of Washington, Sauk-Suiattle Indian Tribe and Quinault Indian Nation v. EPA
2020 WL 1955554
No. 2:19-cv-00884-RAJ
United States District Court, W.D. Washington, at Seattle.
April 23, 2020
Legal Topics:
Clean Water Act
Williams & Cochrane, LLP v. Rosette; Quechan Tribe of the Fort Yuma Indian Reservation
2020 WL 1939065
No. 17-CV-01436-GPC-MSB
United States District Court, S.D. California.
April 22, 2020
Legal Topics: Fee Agreements
Baltas v. Erfe
2020 WL 1915017
Civil Action No. 3:19cv1820 (MPS)
United States District Court, D. Connecticut.
April 20, 2020
Legal Topics: Religious Land Use and Institutionalized Persons Act
Inter-Tribal Council of Arizona, Inc. v. United States
Materials via Turtle Talk
956 F.3d 1328
No. 2019-1758
United States Court of Appeals, Federal Circuit.
April 17, 2020
*Synopsis:
Inter-tribal council representing Arizona Indian tribes sued United States, alleging claims including breach of tribal trust obligations under Arizona-Florida Land Exchange Act (AFLEA) by failing to ensure sufficient security for full payments to be made by landowner for land exchange involving sale of land that was former site of off-reservation Indian boarding school, and by failing to collect and deposit or make up trust payments on which landowner defaulted. Government moved to dismiss for lack of subject matter jurisdiction and for failure to state claim. The Court of Federal Claims,
Nancy B. Firestone, Senior Judge, 140 Fed.Cl. 447, granted motion in part and denied motion in part. Inter-tribal council appealed.
*Holdings:
The Court of Appeals, Wallach, Circuit Judge, held that:
1)
AFLEA established a specific fiduciary duty owed by the government, as would support Indian Tucker Act jurisdiction;
2) Council sufficiently alleged government's breach of fiduciary duty to support Indian Tucker Act jurisdiction;
3) AFLEA can be fairly interpreted as mandating compensation for the government’s fiduciary wrongs, as would support Indian Tucker Act jurisdiction;
4) Failure-to-maintain-sufficient-security breach of fiduciary duty claims accrued, and six-year limitations period for bringing claims in Court of Federal Claims began to run, when government disclosed deficit of trust, that obligor and had defaulted, and that obligations were under collateralized;
5) Claim alleging failure to ensure adequate security when government negotiated trust fund payment agreement accrued, and six-year limitation period for bringing action in Court of Federal Claims began to run, when agreement was executed and council was made aware of agreement's terms; and
6) Government did not have duty under AFLEA to collect and pay all of the AFLEA’s required remaining annual payments and full final payment after default.
Affirmed in part and reversed in part.
Adams v. Elfo
Materials via Turtle Talk
2020 WL 1929375
No. C19-1263-JCC
United States District Court, W.D. Washington.
April 21, 2020
Legal Topics: Indian Civil Rights Act
Confederated Salish and Kootenai Tribes v. Lake County Board of Commissioners
Materials via Turtle Talk
454 F.Supp.3d 957
No. CV 19-90-M-DLC
United States District Court, D. Montana.
April 16, 2020
Legal Topics: Trespassing; Sovereign Immunity
Penobscot Nation v. Frey
Materials via Turtle Talk
954 F.3d 453
Nos. 16-1424; 16-1435; 16-1474; 16-1482
United States Court of Appeals, First Circuit.
April 8, 2020
Legal Topics: Treaty Rights
United States v. Cline
Materials via Turtle Talk
2020 WL 1862595
No. CR19-0023-JCC
United States District Court, W.D. Washington.
April 14, 2020
Legal Topics: Criminal Jurisdiction
Mille Lacs Band of Ojibwe v. County of Mille Lacs, Minnesota
Materials via Turtle Talk
2020 WL 1847574
No. 17-cv-5155 (SRN/LIB)
United States District Court, D. Minnesota.
April 13, 2020
Legal Topics: Reservation Boundaries
Hudson v. Zinke
Materials via Turtle Talk
453 F.Supp.3d 431
No. 15-cv-1988 (TSC)
United States District Court, District of Columbia.
April 10, 2020
Legal Topics: Tribal Elections; Trust Relationship
Mecautea v. Oregon
2020 WL 1812012
No. 3:19-cv-01864-MO
United States District Court, D. Oregon.
April 9, 2020
Legal Topics:
Tribal Court Jurisdiction
State of Texas v. Ysleta Del Sur Pueblo
Materials via Turtle Talk
955 F.3d 408
No. 19-50400
United States Court of Appeals, Fifth Circuit.
April 2, 2020
*Synopsis: Attorney General, on behalf of the State of Texas, brought action against federally recognized Indian tribe, seeking to enjoin the tribe from operating certain gaming activities. The United States District Court for the Western District of Texas, Philip R. Martinez, J., 2019 WL 639971, granted summary judgment in favor of the State, 2019 WL 5026895, denied Indian tribe's motion for reconsideration, and, 2019 WL 5589051, granted Indian tribe's motion to stay the injunction pending appeal. Indian tribe appealed.
*Holdings: The Court of Appeals, Willett, Circuit Judge, held that:
1) Ysleta del Sur Pueblo and Alabama and Coushatta Indian Tribes of Texas Restoration Act, rather than more permissive Indian Gaming Regulatory Act, governed Indian tribe's gaming activity;
2) Indian tribe was subject to Texas's gaming regulations, which functioned as surrogate federal law;
3) Balance of hardships favored permanent injunction prohibiting Indian tribe from operating gaming activities; and
4) Even if Texas nuisance law reached gaming activity, Indian tribe's gaming operation was not exempted, authorized, or otherwise lawful activity regulated by federal law under the nuisance law, and thus, the law provided basis for Attorney General to bring action on State's behalf.
Affirmed.
JW Gaming Development, LLC v. James
2020 WL 1667423
No. 3:18-cv-02669-WHO
United States District Court, N.D. California.
April 3, 2020
Legal Topics:
RICO Act
Gilliam v. Roach
Materials via Turtle Talk
2020 WL 2198810
No. 19-cv-2749
United States District Court, D. Minnesota.
April 1, 2020
Legal Topics: Sovereign Immunity
March
Scott v. Paisley
2020 WL 1527896
No. CV-19-63-GF-DLC-JTJ
United States District Court, D. Montana, Great Falls Division.
March 31, 2020
Legal Topics:
Indian Civil Rights Act
Bollenbach v. United States
2020 WL 1550196
Case No. CIV-19-233-G
United States District Court, W.D. Oklahoma.
March 31, 2020
Legal Topics:
Federal Tort Claims Act
Western Refining Southwest Inc. v. Department of the Interior
Materials via Turtle Talk
450 F.Supp.3d 1214
Civil No. 16-442 JH/GBW
United States District Court, D. New Mexico.
March 31, 2020
Legal Topics: Trust Relationship
State of California v. Bureau of Land Management v. Zinke
2020 WL 1492708
No. 18-cv-00521-HSG, 18-cv-00524-HSG
United States District Court, N.D. California.
March 27, 2020
Legal Topics: Mineral Leasing
Fercho v. United States
2020 WL 1466739
No. CV-18-86-BLG-DLC-TJC
United States District Court, D. Montana, Missoula Division.
March 26, 2020
Legal Topics:
Tribal Court Jurisdiction
Rosebud Sioux Tribe v. United States
Materials via Turtle Talk
2020 WL 1511262
No. CV-19-82-GF-BMM
United States District Court, D. Montana.
March 30, 2020
Legal Topics: Indian Health Service; Treaty Rights
Leachman v. United States
Materials via Turtle Talk
450 F.Supp.3d 986
No. 3:16-cv-03038-RAL
United States District Court, D. South Dakota, Central Division.
March 30, 2020
Legal Topics: Indian Health Service
Sturdevant v. Brott
2020 WL 1445962
No. 19-cv-1068
United States District Court, D. Minnesota.
March 25, 2020
Legal Topics: Prison Litigation Reform Act
Standing Rock Sioux Tribe v. US Army Corps of Engineers
Materials via Turtle Talk
440 F.Supp.3d 1
Civil Action No. 16-1534
United States District Court, District of Columbia.
March 25, 2020
Legal Topics: Treaty Rights; Cultural Resources
Burt Lake Band of Ottawa and Chippewa Indians v. Bernhardt
Materials via Turtle Talk
2020 WL 1451566
Civil Action No. 17-0038 (ABJ)
United States District Court, District of Columbia.
March 25, 2020
Legal Topics: Federal Recognition
Cherokee Nation v. Bernhardt
Materials via Turtle Talk
2020 WL 1429946
No.12-cv-493-GKF-JFJ
United States District Court, N.D. Oklahoma.
March 24, 2020
Legal Topics: Land Into Trust
Cayuga Nation v. Tanner
Materials via Turtle Talk
448 F.Supp.3d 217
No. 5:14-CV-1317
United States District Court, N.D. New York.
March 24, 2020
Legal Topics: Indian Gaming Regulatory Act
Wilhite v. Littlelight
2020 WL 1332231
No. CV 19-20-BLG-TJC
United States District Court, D. Montana.
March 23, 2020
Legal Topics: Federal Torts Claim Act
Gardner v. Long
2020 WL 1325338
No. 2:20-cv-00112-DOC
United States District Court, D. Utah.
March 20, 2020
Legal Topics: Federal Trust Land
McCarter v. Lake
2020 WL 1304078
No. 2:20-cv-00112-DOC
United States District Court, C.D. California, Western Division.
March 19, 2020
Legal Topics: Religious Land Use and Institutionalized Persons Act
Snoqualmie Indian Tribe v. State of Washington
Materials via Turtle Talk
2020 WL 1286010
No. 3:19-CV-06227-RBL
United States District Court, W.D. Washington, at Tacoma.
March 18, 2020
Legal Topics: Treaty Rights
Jackson v. United States
Materials via Turtle Talk
804 Fed.Appx. 638
No. 18-16764
United States Court of Appeals, Ninth Circuit.
March 16, 2020
Legal Topics: Fee to Trust
Bowman v. New York State Housing and Community Renewal
2020 WL 1233701
No. 18. Civ. 11596 (ER)
United States District Court, S.D. New York.
March 13, 2020
Legal Topics: Title VII; Discrimination
Swinomish Indian Tribal Community v. BNSF Railway Company
Materials via Turtle Talk
951 F.3d 1142
No. 18-35704
United States Court of Appeals, Ninth Circuit.
March 4, 2020
*Synopsis: Federally recognized Indian tribe brought action against railway company, asserting claims for breach of contract and trespass regarding right-of-way easement agreement for railroad constructed across tribal land, and seeking damages, declaratory judgment, and injunctive relief. Parties cross-moved for summary judgment. The United States District Court for the Western District of Washington, Robert S. Lasnik, Senior District Judge, 228 F.Supp.3d 1171, granted tribe's summary judgment motion, denied railway company's cross-motion for summary judgment, but found that tribe's state law claims for injunctive relief were preempted by the Interstate Commerce Commission Termination Act (ICCTA), 2017 WL 2483071, granted tribe's motion for reconsideration on preemption issue, and 2018 WL 133656, clarified and denied railway company's motion for reconsideration. Railway company filed interlocutory appeal.
Holdings: The Court of Appeals, William A. Fletcher, Circuit Judge, held that:
1) The ICCTA does not repeal the Indian Right of Way Act;
2) Enforcement of easement agreement was not an unreasonable interference with rail transportation, and thus injunctive relief was not impliedly preempted by the ICCTA; and
3) ICCTA abrogates neither the general treaty-based federal common law right of tribes to exclude non-Indians from Indian lands, nor the explicit right to exclude contained in the Treaty of Point Elliott.
Affirmed and remanded.
Lopez v. State of Colorado
2020 WL 1074756
No. 19-cv-0684-WJM-MEH
United States District Court, D. Colorado.
March 6, 2020
Legal Topics: Negligent Conduct; Discrimination
Sault Ste. Marie Tribe of Chippewa Indians v. David Bernhardt
Materials via Turtle Talk
442 F.Supp.3d 53
No. 1:18-cv-02035
United States District Court, District of Columbia.
March 5, 2020
Legal Topics: Fee to Trust; Indian Gaming Regulatory Act
Patterson v. Calderin
2020 WL 1044008
No. 2:19-cv-00784-JAD-VCF
United States District Court, D. Nevada.
March 4, 2020
Legal Topics: Religious Land Use and Institutionalized Persons Act
Hawk v. Ecoffey
2020 WL 999010
No. 19-5012-JLV
United States District Court, D. South Dakota, Western Division.
March 2, 2020
Legal Topics: Prison Litigation Reform Act
February
Littlefield v. Mashpee Wampanoag Indian Tribe
Materials via Turtle Talk
951 F.3d 30
No. 16-2484
United States Court of Appeals, First Circuit.
February 27, 2020
Legal Topics: Fee to Trust; IGRA
Robert Logan Berry, Jr. v Isidro Baca
Materials via Turtle Talk
2020 WL 977789
No. 3:16-cv-00470-MMD-WGC
United States District Court, D. Nevada.
February 28, 2020
Legal Topics: Public Law 280
The Cherokee Nation, Chickasaw Nation, Choctaw Nation, and Others v. Stitt and the State of Oklahoma
2020 WL 963380
No. CIV-19-1198-D
United States District Court, W.D. Oklahoma.
February 27, 2020
Legal Topics: IGRA; Class III Gaming Compact
United States, ex rel. Dahlstrom v. Sauk-Suiattle Indian Tribe of Washington
2020 WL 949940
No. C16-0052JLR
United States District Court, W.D. Washington.
February 27, 2020
Legal Topics: Sovereign Immunity
Kehano v. Harrington
2020 WL 869973
No. 20-00071 LEK-RT
United States District Court, D. Hawai'i
February 21, 2020
Legal Topics: Prisoner Civil Rights
United States of America v. Dorothy A. Two Bulls
2020 WL 729260
No. CIV. 17-5050-JLV
United States District Court, D. South Dakota, Western Division.
February 13, 2020
Legal Topics: Housing and Urban Development; Property Law
Spirit Lake Tribe v. Alvin Jaeger
Materials via Turtle Talk
2020 WL 625279
No. 1:18-cv-222
United States District Court, D. North Dakota.
February 10, 2020
Legal Topics: Voting Rights; Legal Standing
Gilbert v. Weahkee
Materials via Turtle Talk
441 F.Supp.3d 799
No. CIV. 19-5045-JLV
United States District Court, D. South Dakota, Western Division.
February 18, 2020
Legal Topics: Indian Health Service; Treaty Rights
Narragansett Indian Tribal Historic Preservation Office v. FERC
Materials via Turtle Talk
949 F.3d 8
No. 19-1009
United States Court of Appeals, District of Columbia Circuit.
February 7, 2020
Legal Topics: National Historic Preservation Act; Cultural Resources
United States v. Sauk-Suiattle Indian Tribe of Washington
2020 WL 569868
No. C16-0052JLR
United States District Court, W.D. Washington, at Seattle.
February 5, 2020
Legal Topics: Sovereign Immunity
January
Democratic National Committee v. Hobbs
Materials via Turtle Talk
948 F.3d 989
No. 18-15845
United States Court of Appeals, Ninth Circuit.
January 27, 2020
*Synopsis: National committee for political party, party's senatorial campaign committee, and state political party brought action against state officials, challenging under federal Constitution and Voting Rights Act (VRA) state's out-of-precinct (OOP) policy requiring that in-person voters cast their ballots in their assigned precinct, and state's criminal statute making it a felony for a third party to collect early ballots from voters. The United States District Court for the District of Arizona, No. 2:16-cv-01065-DLR, Douglas L. Rayes, J., entered judgment after bench trial for state officials. Plaintiffs appealed. The Court of Appeals, Ikuta, Circuit Judge, 904 F.3d 686 affirmed and then, 911 F.3d 942, granted rehearing en banc.
*Holdings: The Court of Appeals, William A. Fletcher, Circuit Judge, held that:
1) Arizona's policy of wholly discarding, rather than counting or partially counting, ballots that were not cast in voters' assigned precinct, and social and historical conditions in Arizona, constituted impermissable vote denial in violation of Sec. 2 of VRA;
2) Arizona statute criminalizing the collection and delivery of another person's ballot, unless the third party was an official engaged in official duties, or was a family member, household member, or caregiver of the voter, constituted impermissable vote denial under "results test" of Sec. 2 of VRA;
3) Plaintiff established that racial discrimination was motivating factor leading to enactment of Arizona statute as required to allege enactment of statute constituted intentional discrimination in violation of Sec. 2 of VRA; and
4) Statute would not have been enacted without racial discrimination as a motivating factor, as required for enactment of statute to constitute intentional discrimination in violation of Sec. 2 of VRA and Fifteenth Amendment.
Reversed and remanded.
Hawkins v. Bernhardt
Materials via Turtle Talk
436 F.Supp.3d 241
No. 19-1498 (BAH)
United States District Court, District of Columbia.
January 31, 2020
Legal Topics: Indian Reserved Water Rights
Janiver v. Seminole Hard Rock Hotel Casino
Materials via Turtle Talk
2020 WL 509997
No. 19-cv-62204-BLOOM/Valle
United States District Court, S.D. Florida.
January 31, 2020
Legal Topics: Title VII; Sovereign Immunity
Thurmond v. Forest County Potawatomi Community
Materials via Turtle Talk
2020 WL 488864
Case No. 18-cv-1047-pp
United States District Court, E.D. Washington.
January 30, 2020
Legal Topics: Sovereign Immunity
United States v. Erickson
436 F.Supp.3d 1242
No. 3:18-CR-30148-RAL
United States District Court, D. South Dakota, Central Division.
January 28, 2020
Legal Topics: Jury Selection
Menominee Indian Tribe of Wisconsin v. EPA
Materials via Turtle Talk
947 F.3d 1065
No. 19-1130
United States Court of Appeals, Seventh Circuit.
January 27, 2020
Legal Topics: Cultural Resources; Trust Relationship
United States v. Cooley
Materials via Turtle Talk
947 F.3d 1215
No. 17-30022
United States Court of Appeals, Ninth Circuit.
January 24, 2020
Legal Topics: Indian Civil Rights Act
Mann v. Mohr
802 Fed.Appx. 871
No. 18-4019
United States Court of Appeals, Sixth Circuit.
January 23, 2020
Legal Topics: Religious Land Use and Institutionalized Persons Act
JW Gaming Development, LLC v. James
2020 WL 353536
Case No. 3:18-cv-02669-WHO
United States District Court, N.D. California.
January 21, 2020
Legal Topics: Sovereign Immunity
Little Dog v. Flathead County
2020 WL 339217
No. CV 18-00097-M-JTJ
United States District Court, D. Montana.
January 21, 2020
Legal Topics: American Indian Religious Freedom Act
State of Maine v. Wheeler, Houlton Band of Maliseet Indians and Penobscot Nation
2020 WL 256519
No. 1:14-cv-00264-JDL
United States District Court, D. Maine.
January 16, 2020
Legal Topics: Maine Water Quality Standards
Ysleta Del Sur Peublo v. City of El Paso
Materials via Turtle Talk
433 F.Supp.3d 1020
No. EP-17-CV-00162-DCG
United States District Court, W.D. Texas, El Paso Division.
January 15, 2020
Legal Topics: Tribal Property; Pueblo Lands Act
Cherokee Nation v. Department of the Interior
2020 WL 224486
Case No. 1:19-cv-02154 (TNM)
United States District Court, District of Columbia.
January 15, 2020
Legal Topics: Administrative Procedure Act
Dobbs v. Fond du Lac Reservation Business Committee
Materials via Turtle Talk
2020 WL 206347
No. 19-cv-1289 (SRN/LIB)
United States District Court, D. Minnesota.
January 14, 2020
Legal Topics: Sovereign Immunity
Landreth v. United States
Materials via Turtle Talk
797 Fed.Appx. 521
No. 2019-2260
United States Court of Appeals, Federal Circuit.
January 10, 2020
Legal Topics: Pro Se Property
United States v. Uintah Valley Shoshone Tribe
Materials via Turtle Talk
946 F.3d 1216
Nos. 18-4151 and 18-4160
United States Court of Appeals, Tenth Circuit.
January 9, 2020
*Synopsis: United States brought action to enjoin non-federally-recognized Indian tribe and its individual members selling hunting and fishing licenses that authorized members to take wildlife from Indian reservation. On cross-motions for summary judgment, the United States District Court for the District of Utah, Bruce S. Jenkins, Senior District Judge, 2018 WL 4222398, found that tribe lacked authority to issue licenses, but declined to issue permanent injunction. Parties filed cross-appeals.
*Holdings: The Court of Appeals, Tymkovich, Chief Judge, held that:
1) Mixed-blood Utes maintained their individual hunting and fishing rights on Uintah and Ouray Reservation after their membership in Ute Tribe was terminated;
2) Those rights were neither alienable, assignable, transferable, nor descendible;
3) Mixed-blood Utes could not convert their hunting and fishing rights into separate tribal rights;
4) Tribe lacked authority to issue hunting and fishing licenses; and
5) District court did not abuse its discretion in denying permanent injunction.
Affirmed.
Chinook Indian Nation v. Bernhardt
Materials via Turtle Talk
2020 WL 128563
No. 3:17-cv-05668-RBL
United States District Court, W.D. Washington, at Tacoma.
January 10, 2020
Legal Topics: Federal Recognition
Native Village of Nuiqsut v. Bureau of Land Management
Materials via Turtle Talk
432 F.Supp.3d 1003
No. 3:19-cv-00056-SLG
United States District Court, D. Alaska.
January 9, 2020
Legal Topics: Land Use
Red Cliff Band of Lake Superior Chippewa Indians v. Bayfield County
Materials via Turtle Talk
432 F.Supp.3d 889
No. 18-cv-828-wmc
United States District Court, W.D. Wisconsin.
January 9, 2020
Legal Topics: Zoning Regulations; Tribal Property
Hengle v. Asner
Materials via Turtle Talk
433 F.Supp.3d 825
No. 3:19cv250 (DJN)
United States District Court, E.D. Virginia, Richmond Division.
January 9, 2020
Legal Topics: Sovereign Immunity
Pawnee Nation of Oklahoma v. Bureau of Indian Affairs
2020 WL 91498
No. 16-cv-697-JHP-JFJ
United States District Court, N.D. Oklahoma.
January 8, 2020
Legal Topics: Administrative Procedures Act; Trust Obligations
Narragansett Indian Tribe v. Hendrickson
Materials via Turtle Talk
2020 WL 65087
No. 1:19-cv-00158-MSM-PAS
United States District Court, D. Rhode Island.
January 7, 2020
Legal Topics: National Historic Preservation Act
Big Horn County Electric Cooperative, Inc. v. Big Man
Materials via Turtle Talk
2020 WL 42452
No. CV 17-65-BLG-SPW
United States District Court, D. Montana.
January 3, 2020
Legal Topics: Sovereign Immunity
Eglise Baptiste Bethanie de Ft. Lauderdale, Inc. v. Seminole Tribe of Florida
Materials via Turtle Talk
2020 WL 43221
No. 19-cv-62591-BLOOM/Valle
United States District Court, S.D. Florida.
January 3, 2020
Legal Topics: Sovereign Immunity