120 results for 'cat:"Native Americans"'.
J. Fenn finds that the lower court properly ruled in favor of a law firm after a native tribe and a casino sued it for return of documents and funds after a falling out with the firm. While the lower court improperly imposed sanctions on the tribe following their suit, the merits of the claims were correctly found to be in favor of the firm. The tribe did not have standing to bring accounting claims, could not show that they had an adequate remedy under the law, and did not prove that the trial verdict against them would have been any different had "racially charged evidence" during proceedings not been admitted. Affirmed in part.
Court: Wyoming Supreme Court, Judge: Fenn, Filed On: October 24, 2023, Case #: S-22-0265, Categories: native Americans, Contract
J. Sung finds that the district court improperly dismissed a matter for failure to state a claim in a Northwestern Band of the Shoshone Nation complaint against Idaho state officials concerning the interpretation of the 1868 Treaty of Fort Bridger between the United States and several bands of the Shoshone and Bannock Tribes. Under the treaty, the Shoshone and Bannock Tribes ceded most of their territory to the United States. At the same time, the Tribes expressly reserved their right to hunt on unoccupied lands of the United States. The 1868 Treaty does not make maintenance of the Tribes’ reserved hunting rights contingent on permanent residence. Reversed.
Court: 9th Circuit, Judge: Sung, Filed On: October 17, 2023, Case #: 22-35140, Categories: Property, native Americans, Water
J. Mesiwala finds the juvenile court improperly terminated the father’s parental rights. The child was removed through a protective custody warrant based on a failure to thrive diagnosis. The father says that Social Services failed to comply with requirements of the Indian Child Welfare Act by not inquiring of extended family members as to the minor’s potential Indian ancestry. Conditionally reversed and remanded.
Court: California Courts Of Appeal, Judge: Mesiwala, Filed On: October 13, 2023, Case #: C097911, Categories: Family Law, native Americans, Guardianship
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J. Biery partially grants an injunction to indigenous members of the Native American Church who had asked a court to ensure they still had access to “sacred areas” in Brackenridge Park during renovation work by the city, including for ceremonies using peyote. While these worshippers will still have limited access to these sacred areas, it is “impractical” to allow unrestricted individual access. The parties should evaluate the pros and cons of a request by the worshipers for the city to develop “alternative plans” for redevelopment of the park, as it could lead the “temporary closing” of some areas to become “semi-permanent.”
Court: USDC Western District of Texas , Judge: Biery, Filed On: October 11, 2023, Case #: 5:23cv977, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, native Americans
J. Williams finds a lower court properly dismissed an estate administrator's tort claims against a tribal member. The estate administrator argued that an enrolled tribal member is obligated to face claims in State court. However, the estate administrator, a non- tribal member, may not file claims against a "nonconsenting enrolled tribal member" for actions that took place on a State highway near his reservation based on lack of subject matter jurisdiction. Affirmed.
Court: Arizona Court Of Appeals Division One, Judge: Williams, Filed On: October 5, 2023, Case #: 1 CA-CV 22-709, Categories: Tort, native Americans, Wrongful Death
J. Collins finds that the district court properly granted summary judgment to the Swinomish Indian Tribal Community, Tulalip Tribes and Upper Skagit Indian Tribe in a long-running case regarding Indian fishing rights in certain waters in Washington state. The Swinomish Tribe met their burden to show that there was no evidence in the record of historical fishing by the Lummi Nation in the disputed waters. Affirmed.
Court: 9th Circuit, Judge: Collins, Filed On: October 3, 2023, Case #: 21-35812, Categories: Evidence, native Americans, Water
J. Blakey denies several sports apparel companies’ motion for summary judgment on their affirmative defense against the University of Illinois, in a fight over use of the university’s discontinued “Chief Illiniwek” logo, which depicted an indigenous American man wearing a war bonnet. Though the university retired the logo 15 years ago, it still maintains control of the trademark and opposes the apparel company’s attempts to sell merchandise stamped with the logo. The court finds factual disputes make summary judgment on the apparel company’s affirmative defense, that the university abandoned the logo, inappropriate.
Court: USDC Northern District of Illinois, Judge: Blakey, Filed On: September 29, 2023, Case #: 1:21cv6546, NOS: Trademark - Property Rights, Categories: Education, Trademark, native Americans
J. Riggs finds that no occupying country or government, including Mexico, Spain, or the U.S., ever extinguished the aboriginal water rights of the Pueblo Indians because none of the countries took actions to intervene or reduce the tribe's use of the Jemez Valley River Basin.
Court: USDC New Mexico, Judge: Riggs, Filed On: September 28, 2023, Case #: 6:83cv1041, NOS: Constitutionality of State Statutes - Other Suits, Categories: Environment, native Americans, Water
J. Hodgens finds that the lower court improperly terminated the mother's parental rights. Because the child is an enrolled member of the Mashpee Wampanoag tribe, the Indian Child Welfare Act required the Department of Children and Families to present expert testimony showing that custody of the parent is likely to result in emotional or physical damage to the child. The department's expert did not have the proper experience or training to testify as to the child's likelihood of harm. Vacated.e
Court: Massachusetts Court Of Appeals, Judge: Hodgens, Filed On: September 26, 2023, Case #: 22-P-568, Categories: Family Law, native Americans, Experts
J. Thomson finds the lower court improperly allowed the state's expert witness to testify about the cultural differences between the child's current family and the Native American tribe, as well as the possible permanent damage resulting from placement with her abusive parents. The witness failed to establish adequate credentials and experience regarding permanent damage. However, because the state made a good faith effort to provide expert testimony in both categories, the case will be remanded to allow for a new hearing with proper witnesses. Reversed in part.
Court: New Mexico Supreme Court, Judge: Thomson, Filed On: September 25, 2023, Case #: S-1-SC-39139, Categories: Family Law, native Americans, Experts
J. Collins finds that the district court improperly allowed defendants' counsel to elicit the opinions expressed in a police report prepared by the Arizona Department of Public Safety as to the cause of a vehicle collision in a wrongful death trial arising from a collision between a sedan and a tour bus on a U.S. highway within the boundaries of the Navajo Nation reservation. However, the district court properly found in favor of defendants to the extent that it dismissed all claims that had been asserted solely under Navajo law. Affirmed in part.
Court: 9th Circuit, Judge: Collins, Filed On: September 22, 2023, Case #: 20-15908, Categories: native Americans, Vehicle, Wrongful Death
J. Collins finds that the district court properly granted summary judgment to a number of Indian communities in a long-running case regarding Indian fishing rights in certain waters of Washington state. The dispute involved fishing places in which the Lummi Nation have fishing rights under a 1974 decree over the waters east of Whidbey Island in Puget Sound. The district court correctly held that the Indian communities, the Swinomish, Tulalip, and Upper Skagit carried their burden to warrant a ruling under the decree that the Lummi’s usual and accustomed fishing grounds and stations did not extend to the disputed waters at issue. Affirmed.
Court: 9th Circuit, Judge: Collins, Filed On: September 11, 2023, Case #: 21-35812, Categories: native Americans, Water
J. Berkenkotter finds the lower court properly denied the mother's motion to remove the child from family services' custody. "Due diligence," as defined in the federal Indian Child Welfare Act, requires the party petitioning for custody of a child to make reasonable efforts to determine whether that child has any Native American heritage, which was satisfied in this case when family services repeatedly attempted to contact the child's mother and eventually confirmed from the child's maternal grandmother he had no Native American heritage. Affirmed.
Court: Colorado Supreme Court, Judge: Berkenkotter, Filed On: September 11, 2023, Case #: 2023 CO 48, Categories: Civil Procedure, Family Law, native Americans
J. Mann finds that the lower court properly dismissed a suit against a series of casino employees who were present during an altercation at the casino parking lot that resulted in the death of an individual. The estate of the decedent says the employees owed a duty to protect the individual and that the lower court improperly tossed the suit based on tribal sovereign immunity. While it's true that the case should not have been dismissed on the tribal immunity grounds, the dismissal was ultimately proper because there was no special relationship between decedent and the casino employees that gave them a duty to intervene. Affirmed.
Court: Washington Court Of Appeals, Judge: Mann, Filed On: September 6, 2023, Case #: 84359-1-I, Categories: native Americans, Negligence
J. Egerton finds that the trial court properly denied a mother's post-permanency petition for reunification services with her son. She forfeited her claim that a family services department failed in its duty under the Indian Child Welfare Act to inquire into the child's heritage. Her claim was extinguished by her failure to appeal the legal guardianship order. Affirmed.
Court: California Courts Of Appeal, Judge: Egerton, Filed On: September 5, 2023, Case #: B318674, Categories: Family Law, native Americans
J. Coughenour denies the tribe summary judgment for its claim that the electric utility company did not obtain a project-specific certification from the Washington Department of Ecology for its October 2020 stabilization work, which arises from the government and the tribe's lawsuit alleging that the electric utility company wrongfully discharged field turf and crumb rubber into the Puyallup River. It is not entirely clear if an additional 401 notification was required when the electric utility company already obtained a joint aquatic resources permit.
Court: USDC Western District of Washington, Judge: Coughenour, Filed On: August 31, 2023, Case #: 2:20cv1746, NOS: Environmental Matters - Other Suits, Categories: Environment, Government, native Americans
J. Browning denies the Native American tribe's motion for summary judgment and dismisses its declaratory relief action, ruling that while the Indian Gaming Regulatory Act does not allow tribes to shift jurisdiction from tribal to state courts in personal injury actions, the Younger abstention doctrine prevents this court from precluding the state court judge from hearing the underlying case. If this court granted the tribe's request for relief, it would interfere with state court proceedings where no final judgment has been entered and also prevent state courts from weighing in on whether it is proper to hear casino personal injury suits outside of the tribal court system.
Court: USDC New Mexico, Judge: Browning, Filed On: August 31, 2023, Case #: 1:20cv166, NOS: Other Statutory Actions - Other Suits, Categories: Civil Procedure, native Americans, Jurisdiction
J. Baker holds that the trial court should have allowed jurors to consider potential racial motivations in deciding punitive damages imposed on a white defendant found liable for assault and battery on his Native American neighbor. The probative value of any racial motivations outweighed the danger of prejudice, and a jury is entitled to be aware of all the circumstances behind an intentional tort when awarding damages, particularly since it had already determined that defendant acted with malice. Reversed.
Court: Montana Supreme Court, Judge: Baker, Filed On: August 22, 2023, Case #: DA 22-0701, Categories: native Americans, Damages, Assault
J. Kovner dismisses a civil rights complaint brought by a Native American against the New York Police Department and Administration for Children’s Services along with a group of named and unnamed police officers which claims the existence of a conspiracy spanning more than 7 years to deprive him of his rights on the basis that he is an alleged member of the Yamasee Nation. His claims related to a 2015 traffic stop are dismissed as untimely, his claims regarding an incident in which authorities raided the house of his children’s mother and detained his children by force are dismissed for lack of standing because he was not actually present during the raid, and lastly his claims for conspiracy are dismissed because he fails to allege the various officers and city agents involved explicitly or implicitly agreed to violate his rights.
Court: USDC Eastern District of New York, Judge: Kovner, Filed On: August 16, 2023, Case #: 1:22cv2602, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, native Americans, Police Misconduct