6 results for 'cat:"Civil Rights" AND cat:"Native Americans"'.
Per curiam, the Ninth Circuit denies a petition for a rehearing en banc before the full court after the district court properly denied a preliminary injunction to a nonprofit challenging a land exchange that would allow copper mining to begin on land that Apache Native Americans consider sacred. The opinion, originally filed on March 1, 2024, has been amended and no further petitions will be entertained.
Court: 9th Circuit, Judge: Per curiam, Filed On: May 14, 2024, Case #: 21-15295, Categories: civil Rights, Property, native Americans
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. Piersol denies a hotel and casino's motion for an independent medical examination of two individuals in a civil rights matter in which an individual was attempting to rent a room at the hotel in June 2020, when he and the hotel operator argued over a required damage deposit. The individual who attempted to rent the room is an individual of Native American descent. Two years later, another Native American individual was present while a group was boycotting the hotel, and the hotel operator allegedly sprayed dust spray into the individual's face. The hotel sought psychiatric examinations of the two Native American individuals despite having the medical records and extensive information developed during discovery of both individuals.
Court: USDC South Dakota, Judge: Piersol, Filed On: January 16, 2024, Case #: 5:22cv5027, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, native Americans
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
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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