119 results for 'cat:"Native Americans"'.
J. Menetrez finds that the trial court properly terminated a mother's parental rights without an inquiry into the native heritage of extended family members. She and the child's father denied any Indian ancestry and the child was taken into custody on a protective custody warrant after the mother was arrested for battery and DUI. Statute requires an expanded duty of inquiry only if a child is placed into temporary custody without a warrant. Affirmed.
Court: California Courts Of Appeal, Judge: Menetrez, Filed On: May 7, 2024, Case #: E082401, Categories: Family Law, native Americans
J. Robie finds that the juvenile court must conduct further proceedings to comply with the inquiry requirements of the Indian Child Welfare Act before deciding on a mother's bid for reunification and whether to terminate a father's visitation rights. Also, juvenile court findings must reflect a meaningful consideration of Act compliance and application, human service agencies must remain diligent, and parents' counsel must raise claims of inadequate inquiry in the juvenile court. Vacated.
Court: California Courts Of Appeal, Judge: Robie, Filed On: May 3, 2024, Case #: C099704, Categories: Family Law, native Americans
J. Tookey finds the Land Use Board of Appeals erred in determining that The Confederated Tribes of the Warm Springs Reservation of Oregon did not preserve its right to appeal over issues related to a new business development. “Board had fair notice of the Tribe’s assertion that an evaluation of the ‘no net loss’ standard implicated consideration of the Tribe’s treaty-protected fishery resource.” Reversed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: May 1, 2024, Case #: A183421, Categories: native Americans, Zoning, Water
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J. Bryson finds that the claims court properly dismissed claims in which inmates seek monetary relief and contend their imprisonment is unlawful due to tribal treaties which deprive the government of prosecuting and incarcerating them, as the treaty provisions are not money-mandating and do not fall within the reach of the Tucker Act. Affirmed.
Court: Federal Circuit, Judge: Bryson, Filed On: April 29, 2024, Case #: 2023-1898, Categories: native Americans, Prisoners' Rights
J. Henderson finds the superior court properly ruled that the Copper River Native Association’s (CRNA) member tribes have not waived CRNA’s arm-of-the-tribe immunity. “CRNA’s member tribes use it to deliver tribal healthcare services, a core tribal governmental function necessarily connected to tribal self-governance and autonomy.” Affirmed.
Court: Alaska Supreme Court, Judge: Henderson, Filed On: April 26, 2024, Case #: S-17965, Categories: native Americans
J. Dyk finds that the claims court improperly ruled against an Indian tribe in various claims concerning water rights and water related infrastructure because the Tucker Act sufficiently establishes the U.S.'s duty to properly manage existing water infrastructure. Reversed in part.
Court: Federal Circuit, Judge: Dyk, Filed On: April 25, 2024, Case #: 2021-1880, Categories: Property, native Americans, Water
J. Lange denies a Department of the Interior motion to dismiss an amended complaint involving self-determination contracts under the Tribally Controlled Schools Act of 1988 under which the Lower Brule Sioux Tribe received federal funds to operate tribal schools that otherwise would have been operated by the federal government. The government collected a deficit of funds that the school would have otherwise received after the Tribe used some of the money to fund tribal government operations other than schools. The Tribe also claimed that the government collected more than the total unearned-revenue balance. The alleged overcollection claim in the amended complaint remains but all the claims from the original complaint remain foreclosed.
Court: USDC South Dakota, Judge: Lange, Filed On: April 24, 2024, Case #: 3:21cv3018, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Administrative Law, Education, native Americans
J. Combs finds the district court properly terminated the mother and father's parental rights. The medical examiner testified the 15-year-old daughter reported abuse that had occurred for a number of years, which led to an examination confirming the abuse and the doctor's contacting police. Multiple witnesses with law enforcement and protective services testified to the mother and father's dismissive behavior and unwillingness to take part in a safety plan. The mother lacks standing to challenge the constitutionality of the Indian Child Welfare Act and the trial court did not violate her right to equal protection by failing to apply the Act's heightened burden of proof. Affirmed.
Court: Oklahoma Supreme Court, Judge: Combs , Filed On: April 23, 2024, Case #: 120910, Categories: Family Law, native Americans, Guardianship
J. Zipps denies the Tohono O'odham Nation, San Carlos Apache Tribe, Archaeology Southwest, and the Center for Biological Diversity's motion for restraining order and injunctive relief concerning claims that the U.S. Bureau of Land Management violated the National Historic Preservation Act by authorizing the construction of a transmission line without taking measures to assess the impact it would have on the Traditional Cultural Properties and local Native American tribes. The land management authority presented sufficient evidence in court that it properly solicited feedback from the tribes during the process and invited them to consult on various assessments on the historic property.
Court: USDC Arizona, Judge: Zipps, Filed On: April 16, 2024, Case #: 4:24cv34, NOS: Environmental Matters - Other Suits, Categories: Construction, Government, native Americans
J. Stewart finds the district court properly declined to enjoin San Antonio's park development tree removal plans. Members of the Lipan-Apache Native American Church say the city's plan prevented them from performing essential religious ceremonies. Though the court ordered the city to provide access to the area, the city had appointed qualified arborists to evaluate which trees needed to be removed because of construction restrictions and ensured bird deterrence measures are not aimed at preventing the presence of birds. The church members have not demonstrated they are likely to prevail on their claim the district court's only partial grant of their motion for a preliminary injunction was improper. Affirmed.
Court: 5th Circuit, Judge: Stewart, Filed On: April 11, 2024, Case #: 23-50746, Categories: Constitution, Municipal Law, native Americans
J. Rowe denies the Oklahoma governor's petition for declaratory relief that the senators lacked authority to pass bills relating to tribal compacts. The state sought agreements with tribes regarding a tobacco tax the U.S. Supreme Court had held could be collected on products sold on Indian lands to non-tribal members. The legislature had the constitutional authority to consider the bills during a concurrent special session and did not exceed the call of the special session with its legislation. The governor's authority to negotiate tribal compacts is statutory, not constitutional. The legislature did not infringe on the governor's authority to negotiate such compacts.
Court: Oklahoma Supreme Court, Judge: Rowe , Filed On: April 2, 2024, Case #: 121497, Categories: Government, Tax, native Americans
J. Tunheim grants motions for summary judgment brought by the EPA, state regulators and major iron and steel industry players in the Native American bands' suit alleging that the agency failed to consider impacts on wild rice and fish protected by treaty rights when it approved Minnesota's 2021 water quality standards. The agency's decision was based on science and data in which it and one of the state regulators are experts, and therefore its decision was not arbitrary or capricious. Minnesota's alleged struggles to implement and enforce those standards are also not a factor that the agency must consider in deciding whether to approve them.
Court: USDC Minnesota, Judge: Tunheim, Filed On: March 29, 2024, Case #: 0:22cv1783, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Administrative Law, Environment, native Americans
J. Pellegrino finds the lower court properly granted the insurer's motion for summary judgment on property damage claims brought by the Native American casino for its closure during the Covid-19 pandemic. It made no allegations of physical property damage that would have been covered under its insurance policy, while the virus was also considered contamination excluded from coverage. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Pellegrino, Filed On: March 28, 2024, Case #: AC45600, Categories: Insurance, native Americans, Covid-19
J. Stivers grants the employer's motion for summary judgment on a former employee's discrimination action. The worker, who identifies as American Indian, failed to receive workers compensation, was passed over for a promotion and later discovered that he was the lowest paid person on his team despite having a college degree. Allegations, including having been required to work 12-hour shifts, do not fit factors established by the Sixth Circuit, and the former employee fails to establish a case for discrimination. He has failed to show the employer instituted conditions to make him quit.
Court: USDC Western District of Kentucky, Judge: Stivers , Filed On: March 15, 2024, Case #: 5:22cv33, NOS: Other Civil Rights - Civil Rights, Categories: native Americans, Employment Discrimination
J. Kennelly denies an Alaskan Native tribe-owned lending company’s motions to compel a RICO class action to arbitration, and to transfer the case to the District of Alaska. The suing class is composed of Illinois residents who took loans from the lending company, whose loans’ annual interest rates range from 466.66% to 792.76% — rates, the borrowers say, are illegal under Illinois law. They argue the lender uses its status as a Native American-owned business to predate on customers while dodging state and federal laws by asserting sovereign immunity. The court finds the Northern District of Illinois is a proper venue, as that is where the class members’ alleged injuries took place, and also finds that the class’s claims cannot be addressed by arbitration.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: March 14, 2024, Case #: 1:23cv3590, NOS: Racketeer Influenced and Corrupt Organizations (RICO) - Other Suits, Categories: native Americans, Banking / Lending, Racketeering
J. Brown finds the circuit court improperly terminated the Cherokee Nation member's parental rights to his minor son. The son was removed from his mother after she threatened to kill herself and him. paternity test revealed the identity of the incarcerated father, and the Cherokee Nation was informed of its right to intervene. Though both parents have not shown progress with their case plans, the evidence shows there were relatives willing to take custody upon approval of home study. The court also erroneously changed the case’s goal to only adoption following termination in contravention of mandates of the Indian Child Welfare act. Reversed.
Court: Arkansas Court Of Appeals, Judge: Brown , Filed On: March 13, 2024, Case #: CV-23-642, Categories: Evidence, native Americans, Guardianship
J. Gilliam allows some claims to proceed against Humboldt County and California's Social Services Department in a dispute over tribal foster care benefits. A former tribal youth and her tribe, the Bear River Band of Rohnerville Rancheria Tribe, claim that they have been denied certain extended foster care benefits that are intended to help youth transition out of foster care. The former youth and her tribe have a potentially tricky legal road ahead, as they have no standing to seek injunctive relief and their complaint leans too strongly on conclusory claims, but some damage and due process claims may proceed to the summary judgment stage to determine if extended foster care benefits have been improperly allocated.
Court: USDC Northern District of California, Judge: Gilliam, Filed On: March 11, 2024, Case #: 4:23cv1809, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, native Americans
J. Benton finds a lower court properly dismissed an affiliated group of Native American tribes' challenge of a grant of drilling applications on behalf of a exploration company. The three tribes argued that the approvals violate the Administrative Procedure Act, and that the drilling project is a detriment to its source of drinking water. However, the exploration company sufficiently showed in court that the project was aligned with statutory and regulatory guidelines. Affirmed.
Court: 8th Circuit, Judge: Benton, Filed On: March 5, 2024, Case #: 22-2459, Categories: Construction, Government, native Americans
J. McKeown finds that the district court properly entered summary judgment in favor of the Suquamish Tribe in an action brought by several insurance companies seeking a declaratory judgment that the Suquamish Tribal Court did not have subject-matter jurisdiction over the Tribe’s suit for breach of contract concerning its insurance claims for lost business and tax revenue and other expenses after the suspension of business operations during the Covid-19 pandemic. The Tribal Court had subject-matter jurisdiction over the Tribe’s claim against nonmember insurance companies that participated in an insurance program offered exclusively to tribes. Affirmed.
Court: 9th Circuit, Judge: McKeown, Filed On: February 29, 2024, Case #: 22-35784, Categories: native Americans, Jurisdiction, Covid-19
J. Winchester, on certiorari, finds the county court improperly denied the petition for expungement of criminal records. Though the court reasoned, and the appeals court affirmed, the petitioner was not qualified to seek relief because of an ongoing federal and Cherokee Tribe investigation, the investigation does not constitute pending charges. Since the court ruled solely on whether the petitioner was qualified, the state bureau of investigation did not present any evidence for the court to determine whether there was any public interest in keeping the records open. Vacated.
Court: Oklahoma Supreme Court, Judge: Winchester, Filed On: February 27, 2024, Case #: 119998, Categories: Civil Procedure, Public Record, native Americans