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Native American Law
 
Robert Leonard v. Eastern Illinois University

Robert Leonard, a Native American, worked at Eastern Illinois University (“EIU”) for nearly twenty years, during which time EIU passed him over for several promotions. Believing that the most recent denied promotion was motivated by anti-Native American bias, Leonard sued EIU under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e-1 - 2000e-17.

The district court granted s... More...
   $0 (05-26-2010 - IL)

David M. Rodriguez, et al. v. Maricopa County College District, et al.

We consider the interplay between the First Amendment and the right to be free of workplace harassment on the basis of protected status.

Facts

Professor Walter Kehowski sent three racially-charged emails over a distribution list maintained by the Maricopa County Community College District, where he teaches math. Every district employee with an email address received a copy. Plaintiff... More...
   $0 (05-26-2010 - AZ)

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

Under the Foreign Sovereign Immunities Act (“FSIA”), a foreign state is immune from suit in American courts unless a statutory exception to immunity applies. In this appeal, the primary dispute is whether defendant-appellant PT. Bank Negara Indonesia (Persero) TBK (“BNI”) or any of its officers or employees in fact generated financial instruments assigned to plaintiffs-appellees Theodore H... More...   $0 (04-13-2010 - UT)

Elvin Ross, Sr. v. The Board of Regents of the University of New Mexico

In this case, the plaintiffs appeal the district court’s grant of summary judgment on various state and federal claims arising from an autopsy conducted by state officials. Because we believe the plaintiffs’ claims fail as a matter of law, we affirm the district court’s decision.

BACKGROUND

On July 6, 2005, Elvin Ross, Jr., (“the decedent”) a San Carlos Apache of one-ha... More...
   $0 (03-23-2010 - NM)

The City of New York v. Golden Feather Smoke Shop, Inc.

Defendants-appellants Monique’s Smoke Shop et al. appeal from the August 25, 2009 grant of a preliminary injunction to the City of New York (the “City”) by the United States District Court for the Eastern District of New York (Amon, J.), enjoining the sale of untaxed cigarettes other than to members of the Unkechauge Nation for their personal use.

The district court determined firs... More...
   $0 (03-04-2010 - NY)

Korey Gray v. Bernard Brady

Korey Gray appeals the district court’s denial of his petition for a writ of habeas corpus from his state-court convictions for distributing cocaine and for doing so in a public park. The appeal presents a single issue: whether the state courts violated Batson v. Kentucky, 476 U.S. 79 (1986), and its progeny, Hernandez v. New York, 500 U.S. 352 (1991), and Powers v. Ohio, 499 U.S. 400 (1991), by... More...   $0 (01-25-2010 - MA)

South Fork Band Council of Western Shoshone of Nevada v. United States Department of the Interior

This is an appeal from the denial of a preliminary injunction in an environmental challenge to a major gold mining project on the side of Mt. Tenabo in Nevada. The mountain has religious significance for Indian tribes. The plaintiffs-appellants are the South Fork Band Council of Western Shoshone of Nevada, and other tribes and organizations (“the Tribes”). The Tribes originally filed this acti... More...   $0 (12-04-2009 - NV)

Jose Merced, President Templo Yoruba Omo Orisha Texas, Inc. v. Kurt Kasson; Mike Collins; Bob Freeman; City of Euless

The Texas Religious Freedom and Restoration Act (TRFRA), Tex. Civ. Prac. & Rem. Code ch. 110, prevents the state and local Texas governments from substantially burdening a person’s free exercise of religion unless the government can demonstrate that doing so furthers a compelling governmental interest in the least restrictive manner. In this case, we must decide if the city of Euless, Texas, may... More...   $0 (07-31-2009 - TX)

Renee Exendine Nettle v. Central Oklahoma American Indian Health Council, Inc. d/b/a The Oklahoma City Indian Clinic

Renee Nettle, a former employee of the Oklahoma City Indian Clinic (“the Clinic”), alleges that she was repeatedly harassed at work and fired when she complained about it. She filed a civil rights suit against the Clinic. The Clinic was granted summary judgment on all claims. Ms. Nettle appeals, and we affirm the judgment of the district court.

I. Facts

Ms. Nettle is a one-ha... More...
   $0 (07-01-2009 - OK)

Pastor Rick Barr v. City of Sinton

The Texas Religious Freedom Restoration Act (TRFRA) provides that “a government agency may not substantially burden a person’s free exercise of religion [unless it] demonstrates that the application of the burden to the person . . . is in furtherance of a compelling governmental interest [and] is the least restrictive means of furthering that interest.”1 TRFRA does not immunize religious con... More...   $0 (06-19-2009 - TX)

United Keetoowah Band of Cherokee Indians of Oklahoma v. United States Department of Housing and Urban Development

Plaintiff-Appellant, the United Keetoowah Band of Cherokee Indians of Oklahoma (“UKB”), is challenging a final agency action by the United States Department of Housing and Urban Development (“HUD”) which drastically reduced the federal funding that the UKB received for housing under the Native American Housing Assistance and Self-Determination Act of 1996 (NAHASDA), 25 U.S.C. §§ 4101-424... More...   $0 (06-05-2009 - OK)

Marquette General Hospital, Inc. v. Bryan K. Chosa and the County of Baraga

Plaintiff Marquette General Hospital (the Hospital) appeals as of right the Baraga Circuit Court’s order granting summary disposition in favor of defendants. At issue is defendant Baraga County’s liability for the cost of medical services provided by the Hospital for defendant Bryan Keith Chosa, who was at the time an inmate at the Baraga County Jail. Although the general legal principles invo... More...   $0 (05-26-2009 - MI)

Southern Ute Indian Tribe v. Michael O. Leavitt, et al.

In litigation arising from the Secretary of Health and Human Services’s (“HHS”) decision not to enter into a self-determination contract with the Southern Ute Indian Tribe, the district court issued two operative orders: the first order determined that the HHS decision was unlawful, granted summary judgment to the Tribe, and ordered the Tribe to prepare a form of an order for injunctive reli... More...   $0 (05-04-2009 - NM)

Thomas Eugene Grass v. Kelly Johnson

Plaintiff Thomas Eugene Grass, proceeding pro se, challenges the district court’s award of summary judgment to defendant Kelly Johnson on his Fourth Amendment claim of excessive force brought under 42 U.S.C. § 1983. We have jurisdiction under 28 U.S.C. § 1291 and we reverse.

I.

On the evening of May 15, 2004, Johnson, a police officer for the City of Jay, Oklahoma, arrested Grass... More...
   $0 (04-25-2009 - OK)

Dennis Hecker, et al. v. Deere & Company, Fidelity Management Trust Co., and Fidelity Management & Research Co.

Even before the stock market began its precipitous fall in early October 2008, litigation over alleged mismanagement of defined contribution pension plans was becoming common. This type of litigation received a boost when, in LaRue v. DeWolff, Boberg & Associates, Inc., 128 S.Ct. 1020 (2008), the Supreme Court held that “a participant in a defined contribution pension plan [may] sue a fiduciary ... More...   $0 (02-13-2009 - WI)

Pearl Cottier v. City of Martin

In September 2002, the American Civil Liberties Union brought an action on behalf of two Native Americans ("plaintiffs") against the City of Martin, South Dakota, and various city officials in their official capacities (collectively "Martin"). Plaintiffs challenged Ordinance 122, which redistricted the Martin City Council ("city council") ward boundaries, as intentionally and effectively diluting ... More...   $0 (12-17-2008 - SD)

Native American Distributing, a division of Flat Creek Cattle Co., Inc. and John Dilliner v. Seneca-Cayuga Tobacco Company, an enterprise of the Seneca-Cayuga Tribe of Oklahoma; LEROY HOWARD, an individual; FLOYD LOCKAMY, an individual; RICHARD WOOD

Plaintiffs Native American Distributing and John Dilliner filed suit in federal court against the Seneca-Cayuga Tobacco Company (“SCTC”), which is an enterprise of the Seneca-Cayuga Indian Tribe, and three individuals who had been officers of SCTC (the “Individual Defendants”). SCTC and the Individual Defendants moved to dismiss pursuant to Rule 12(b)(1), Fed. R. Civ. P., arguing that the ... More...   $0 (11-20-2008 - OK)

The American Civil Liberties Union of New Mexico v. The League of Women Voters of Albuquerque/Bernalillo County, Inc.; Sage Council; New Mexico Coalitiion to End Homelessness; Anne Kass; Alexandra Kazaras; Barbara Grothus

Defendant-Appellant, the Albuquerque City Clerk (“City”), appeals from the district court’s judgment in favor of Plaintiffs-Appellees granting them declaratory and injunctive relief. In 2005, the City passed an amendment to its charter requiring voters in municipal elections to present photo identification at polling locations. On summary judgment, the district court held that the amendment ... More...   $0 (11-17-2008 - NM)

Paul F. Weinbaum; Martin J. Boyd v. The City of Law Cruces, New Mexico, et al.

Paul Weinbaum, a resident of the Las Cruces area, brought two separate suits under 42 U.S.C. § 1983 claiming that Las Cruces, New Mexico (the “City”) and the Las Cruces Public School District (the “District”) have violated the Establishment Clause of the First Amendment by displaying, in various forms, three crosses on public property.1 Weinbaum sought declaratory and injunctive relief in... More...   $0 (09-17-2008 - NM)

Stephanie Empson-Laviolette v. Mathan Ryan Crago and Shannon Scott and Tricia Scott

Plaintiff Stephanie Empson-Laviolette (Empson), an enrolled member of the Pokagon Band of Potawatomi Indians (Tribe), appeals by right the trial court’s order granting sole custody of her son, Z.E., to appellees Shannon and Tricia Scott. Below, pursuant to the Indian Child Welfare Act (ICWA), 25 USC 1901 et seq., Empson moved the trial court to dismiss the Scotts’ motion for custody and to ret... More...   $0 (09-11-2008 - MI)

Mark Shook, et al. v. The Board of County Commissioners of the County of El Paso and Terry Maketa

Plaintiffs Mark Shook and Dennis Jones, along with several intervenors, appear before us for the second time to contest the district court’s denial of their motion to certify a class action consisting of all present and future mentally ill inmates at Colorado’s El Paso County Jail. In their first appeal, we held that in denying class certification the district court erred by relying on the jur... More...   $0 (09-09-2008 - CO)

Oglala Sioux Tribe v. C&W Enterprises, Inc.

C & W Enterprises, Inc., appeals from a United States District Court for the District of South Dakota order permanently enjoining the Second Judicial Circuit Court of South Dakota (“state court”) from confirming an arbitration award against the Oglala Sioux Tribe for lack of subject matter jurisdiction. We vacate the permanent injunction, and remand for further proceedings.

I. Backgroun... More...
   $0 (09-05-2008 - SD)

Jack C. Pelt, et al. v. State of Utah

This appeal involves an oil and gas royalty fund that the State of Utah (“Utah”) is required to administer for the benefit of members of the Navajo Nation living in San Juan County, Utah. In this class action, beneficiaries of the Navajo Trust Fund (the “Beneficiaries”) seek a fiduciary accounting of trust fund activities from Utah. In proceedings below, Utah unsuccessfully argued that all... More...   $0 (09-03-2008 - UT)

Barona Band of Mission Indians, etc. v. Betty T. Yee, et al.

We must decide whether a non-Indian contractor who purchases construction materials from non-Indian vendors, which are later delivered to a construction site on Indian land, is exempt from state sales taxes. The California State Board of Equalization (the "Board") appeals the grant of summary judgment in favor of the Barona Band of Mission Indians (the "Tribe") in which the district court de... More...   $0 (06-20-2008 - CA)

Dustin Robbins v. State of Oklahoma, ex rel. Department of Human Services

This case arises from the tragic death of an eight month old infant, Renee Dawn Robbins, the child of Dustin Robbins and Melissa Gillum. In 2003, Renee's parents sought financial assistance and other social services from the Oklahoma Department of Human Services ("DHS"). Employees of DHS informed Mr. Robbins and Ms. Gillum that Carla Beth McKinney operated a licensed and privately-owned dayca... More...   $0 (03-28-2008 - OK)

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