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Native American Law
United States v. Robert Joseph Downwind

Robert Joseph Downwind pled guilty to one count of burglary in the first degree in Indian country. The district court1 sentenced Downwind to a prison term of 151 months. On appeal, Downwind argues the sentence is substantively unreasonable. Having jurisdiction under 28 U.S.C. § 1291, we affirm.


During the early morning of July 24, 2011, on the Red Lake Indian Reservat... More...
   $0 (12-03-2013 - MN)

Kawaljeet K. Tagore v. United States of America

Kawaljeet Tagore (“Tagore”) was refused permission to wear a kirpan (a Sikh ceremonial sword) with a blade long enough to be considered a “dangerous weapon” under federal law inside the federal building where she worked for the Internal Revenue Service (“IRS”). She lost her job by failing to comply with the applicable regulations or receive an appropriate waiver. Tagore sued the United... More...   $0 (11-13-2013 - TX)

Equal Employment Opportunity Commission v. BOH Brothers Construction Company, L.L.C.

This Title VII case arises out of alleged sexual harassment by Chuck Wolfe, the superintendent of an all-male crew on a construction site operated by Boh Bros. Construction Company (“Boh Brothers”). During a three-day jury trial, the Equal Employment Opportunity Commission (“EEOC”) presented evidence that Wolfe subjected Kerry Woods, an iron worker on Wolfe’s crew, to almost-daily verbal... More...   $0 (09-27-2013 - TX)

Pacific Shores Properties, LLC v. City of Newport Beach

Prior to 2008, “group homes”—i.e., homes in which recovering alcoholics and drug users live communally and mutually support each other’s recovery—were generally permitted to locate in residential zones in the City of Newport Beach (“the City”) and they did so freely.1 By 2008, a number of residents of the City launched a campaign to restrict or eliminate group homes in their neighbor... More...   $0 (09-20-2013 - CA)

William S. Fletcher v. United States Department of Interior, Bureau of Indian Affairs

After settlers displaced the Osage Nation from its native lands, the federal government shunted the tribe onto the open prairie in Indian Territory, part of what later became the State of Oklahoma. At the time, the government had no idea those grasslands were to prove a great deal more fertile than they appeared. Only years later did the Osages’ mammoth reserves of oil and gas make themselves kn... More...   $0 (09-17-2013 - OK)

United States of America v. Raydell Billy

Raydell Billy pled guilty to a two-count information that charged him with assault with a dangerous weapon and use of a firearm during and in relation to a crime of violence. He was sentenced to 81 months of imprisonment. He was also sentenced to a term of supervised release with a special condition that prohibits him

- 2 -

from contacting the victim (his mother), “except under cir... More...
   $0 (09-12-2013 - NM)

Hobby Lobby Stores, Inc. v. Kathleen Sebelius

This case requires us to determine whether the Religious Freedom Restoration Act and the Free Exercise Clause protect the plaintiffs—two companies and their owners who run their businesses to reflect their religious values. The companies are Hobby Lobby, a craft store chain, and Mardel, a Christian bookstore chain. Their owners, the Greens, run both companies as closely held family businesses an... More...   $0 (06-27-2013 - OK)

Keith Cressman v. Michael C. Thompson

This appeal concerns an image stamped on the standard Oklahoma license plate of a Native American shooting an arrow toward the sky. Appellant Keith Cressman objects to the image as a form of speech and wishes not to display it on his personal vehicles. But Oklahoma law imposes sanctions for covering up the image, and the state charges fees for specialty license plates without it—fees that Mr. ... More...   $0 (06-11-2013 - OK)

Carol A. Douglas v. Cox Retirement Properties, Inc.

¶1 On April 2, 2009, Richard Douglas was admitted to the Defendant's rehabilitative care center for extended care. Douglas remained at the facility for approximately 21 days and was discharged on April 23, 2009. He died a short time later on May 12, 2009. The decedent's estate filed a wrongful death action in Tulsa County against the Defendant, alleging Douglas died as a result of the facility's ... More...   $0 (06-04-2013 - OK)

Spirit Lake Tribe of Indians v. The NCAA

The Spirit Lake Tribe of Indians, by its Committee of Understanding and Respect, and Archie Fool Bear, individually and as representative of more than 1,004 members of the Standing Rock Sioux Tribe – collectively, “the Committee” – sued the National Collegiate Athletic Association (NCAA) for interfering with the University of North Dakota’s use of the Fighting Sioux name, logo, and image... More...   $0 (05-29-2013 - ND)

Gila River Indian Community v. United States of America

This case illustrates the nuances of our federalist system of government, pitting Indian tribe against Indian tribe, and State and local governments against the federal government and an Indian tribe. The City of Glendale and various other parties (“Glendale”) seek to set aside the Department of the Interior’s decision to accept in trust, for the benefit of the Tohono O’odham Nation (“th... More...   $0 (05-20-2013 - AZ)

State of Oklahoma ex rel. Edmonson v. Native Wholesale Supply

The State of Oklahoma ex rel Edmonson sued Native Wholesale Supply claiming it violated the Oklahoma Tobacco Master Settlement Agreement Complementary Act by selling cigarettes in Oklahoma without being on the approved list required for sales to the public. The cigarettes that were the subject to the lawsuit had been removed from the list in 2006.

The defenses asserted by the Defendant a... More...
   $47767795 (03-30-2013 - )

Rodney Bell, Jr. v. Native American Coalition of Tulsa, Inc.

Rodney Bell, Jr. sued Native American Coalition of Tulsa, Inc. claiming:

1. Plaintiffs Rodney Bell, Jr. and Twamequa Bell are the parents and legal guardians of the minor plaintiff Rodney Bell, III and are residents of Tulsa County, Oklahoma.

2. Defendant Native American Coalition of Tulsa, Inc., is a not for profit corporation organized under the laws of the State of Oklahoma an... More...
   $18500 (02-18-2013 - OK)

Theodore L. Hansen v. PT Bank Negara Indonesia (Persero)

Plaintiffs-Appellants Theodore L. Hansen, Interstate Energy Corp. and Triple M, L.L.C., appeal from the district court’s judgment in favor of Defendant- Appellee PT. Bank Negara Indonesia (Persero) Tbk. (“BNI”). BNI is a banking corporation established under the laws of Indonesia. Plaintiffs sued BNI and various other defendants based on BNI’s refusal to honor certain bank guaranties and l... More...   $0 (02-06-2013 - UT)

Tuolumne Jobs & Small Business Alliance v. Wal-Mart Stores, Inc.

It is settled that when a development project is approved by means of a ballot initiative placed on the ballot by voters and adopted by them in an election, the project is exempt from environmental review under the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.) (CEQA). (See CEQA Guidelines, § 15378 (b)1.) In this case, real parties in interest Wal-Mart Stores, Inc., ... More...   $0 (10-30-2012 - CA)

Muscogee (Creek) Nation, Division of Houston v. United States Department of Urban Development

The dispute in this case involves interest earned on block grants made to Indian tribes pursuant to the Native American Housing Assistance and Self-Determination Act of 1996, 25 U.S.C. §§ 4101-4243. Specifically, Appellant Muscogee (Creek) Nation Division of Housing challenges both a regulation placing a two-year limit on the investment of grant funds and two notices issued by the U.S. Departmen... More...   $0 (10-30-2012 - OK)

Dr. Leonard Chukwualuka Onyiah v. St. Cloud State University

Dr. Leonard Chukwualuka Onyiah sued St. Cloud State University and the Board of Trustees of Minnesota State Colleges and Universities (collectively, the University) for wage discrimination based on race, national origin, and age in violation of Title VII of the Civil Rights Act, 42 U.S.C. § 2000e-2(a)(1), and the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 623(a)(1). The district co... More...   $0 (07-02-2012 - MN)

John V. Furry v. Miccosukee Tribe of Indians of Florida d/b/a Miccosukee Resort & Gaming

The appeal presents us with tragic facts; it also yields a straightforward legal resolution. John Furry, as personal representative of the estate of his daughter Tatiana Furry, appeals the district court’s order granting the Miccosukee Tribe’s motion to dismiss his complaint. Furry complained that the Miccosukee Tribe violated 18 U.S.C. § 1161 and Florida’s dram shop law by knowingly servin... More...   $0 (06-29-2012 - FL)

Reginald Jones v. UPS Ground Freight

Reginald Jones brought this action against UPS Ground Freight, Inc. (“UPSF”), his former employer, on July 1, 2009. Mr. Jones alleged that he had been subjected to a racially hostile work environment in violation of 42 U.S.C. § 1981 and Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2.1 The district court entered summary judgment in favor of UPSF on December 30, 2010, and Mr. J... More...   $0 (06-11-2012 - AL)

Catherynne Kendrick v. Lavonda Donavion

Arkansas inmate Catherynne Whtyefawn Kendrick appeals following the district court’s disposition of her claims against Sergeant Lavonda K. Donavion, the sole remaining defendant in this 42 U.S.C § 1983 action. Upon careful review, we conclude that Kendrick administratively exhausted her constitutional claims arising from the confiscation of her Catholic Bible, rosary beads, and other religious ... More...   $0 (03-01-2012 - AR)

James E. Large v. Fremont County Wymoning

We are called upon in this appeal to decide what level of deference—if any—must be afforded to a local governmental entity’s proffered plan to remedy an adjudged violation of Section 2 of the Voting Rights Act of 1965, 42 U.S.C. § 1973 (“Section 2”), when that proposed remedy unnecessarily conflicts with state law. We believe that when such plans in effectuating their remedial purposes ... More...   $0 (02-22-2012 - WY)

Charles W. Parsons v. Shonda Klingamon

¶1 Appellant State of Oklahoma DHS ex rel. Oklahoma Child Support Services (DHS) appeals an order of the small claims court denying its motion to vacate/motion for new trial. The court's underlying judgment awarded a father $2,500 for what he alleged he was owed for child support payments. Because the matter was not within the small claims court's jurisdiction, we reverse.


... More...
   $0 (12-29-2011 - OK)

In the Matter of the Adoption of G.D.J.

¶1 The Petitioners/Appellees, Teryl Pearson and Robert Pearson (Pearsons) petitioned to adopt Teryl Pearson's (Pearson) grandson, G.D.J. (FA 2008-24, Jackson County, Oklahoma) by filing a Petition for Adoption, and an Application to Adjudicate Minor Eligible for Adoption Without Consent of the Natural Mother. The natural mother, Tessia Bre Stubbs (Stubbs), Respondent/Appellant, contested the adop... More...   $0 (09-27-2011 - )

Christopher Yancey v. Timothy Thomas

Christopher Yancey filed an action in the United States District Court for the Western District of Oklahoma contending that Oklahoma state-court rulings terminating his parental rights over his Indian child were invalid under the Indian Child Welfare Act (ICWA), 25 U.S.C. §§ 1901-1963. The district court dismissed his action, determining that either federal abstention was mandated, or the action... More...   $0 (09-20-2011 - OK)

Southern Ute Indian Tribe v. Katherleen Sebelius

This is the second appeal in litigation arising from the Secretary of Health and Human Services’ (“HHS”) decision not to enter into a self-determination contract with the Southern Ute Indian Tribe (“Tribe”). In an initial order, the district court ruled that HHS’s decision was unlawful, granted summary judgment to the Tribe, and directed the parties to prepare a proposed order for inju... More...   $0 (09-19-2011 - NM)

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