STILLAGUAMISH TRIBE OF INDIANS V. STATE OF WASHINGTON
Justia US Law
by Justia
1d ago
The case involves the Stillaguamish Tribe of Indians ("Tribe") and their appeal against a district court's order that determined their usual and accustomed fishing grounds ("U&As") under the Treaty of Point Elliott did not include certain marine waters. The Tribe argued that their U&As extended beyond the Stillaguamish River and included marine waters to the east of Whidbey Island. The Tribe presented documentary evidence and expert testimony about the historical locations and activities of the Stillaguamish Tribe. However, the district court concluded that the Tribe had not provided s ..read more
Visit website
State v. Wallahee
Justia US Law
by Justia
5d ago
In the early 20th century, Jim Wallahee, a citizen of the Yakama Nation, was convicted for illegal hunting when he killed a deer on ceded Yakama land. The Yakama Nation had signed a treaty with the United States government, which explicitly reserved many rights for the Yakama people, including the right to hunt on open and unclaimed lands. Despite this, Wallahee was convicted in 1924, and his conviction was affirmed by the Supreme Court of the State of Washington, relying on precedent that has since been overturned. The lower courts did not recognize Wallahee's treaty right to hunt. The trial ..read more
Visit website
In re D.M.
Justia US Law
by Justia
2w ago
A mother, Daisy M., appealed the termination of her parental rights to her daughter, D.M., arguing that the Riverside County Department of Public Social Services (DPSS) failed to conduct an adequate investigation under state law implementing the Indian Child Welfare Act of 1978 (ICWA). The mother claimed that DPSS did not fulfill its duty of initial inquiry under Welfare and Institutions Code section 224.2, subdivision (b), which requires an investigation into the child's potential Indian heritage. The Superior Court of Riverside County had previously found that DPSS had conducted a sufficient ..read more
Visit website
United States v. Murphy
Justia US Law
by Justia
2w ago
In this case, the defendant, Patrick Murphy, was convicted of murder, murder in perpetration of kidnapping, and kidnapping resulting in death. The crimes occurred in 1999, but Murphy was not indicted until 2020, following a Supreme Court decision that clarified jurisdictional issues related to crimes committed in Indian Country. Murphy appealed his convictions, arguing that there was insufficient evidence to support the kidnapping charges, that the prosecution was barred by the statute of limitations, and that the nearly two-decade delay between the murder and the federal prosecution violated ..read more
Visit website
Aquate II, LLC v. Myers
Justia US Law
by Justia
3w ago
This case involves a dispute between two tribally owned businesses, AQuate II, LLC and Kituwah Services, LLC, both of which compete for federal contracts under the Small Business Administration’s 8(a) Business Development Program. AQuate alleges that Kituwah and its employee, Jessica Myers, stole trade secrets related to a government contract that AQuate had won in the past. AQuate claims that Myers, a former employee, breached her employment agreements and violated both the Defend Trade Secrets Act of 2016 and the Alabama Trade Secrets Act. Kituwah, however, argues that it is shielded by trib ..read more
Visit website
GREENE v. US
Justia US Law
by Justia
3w ago
The case involves Tony Lamonte Greene and Billie Wayne Byrd, who are incarcerated in an Oklahoma state prison. They, along with seven co-plaintiffs, filed actions in the Court of Federal Claims, arguing that their imprisonment is unlawful and seeking monetary compensation from the United States. They claim to be members of the Cherokee Nation and argue that under certain treaties between the Cherokee Nation and the United States, the State of Oklahoma lacked jurisdiction to prosecute and incarcerate them. They each seek $100 per day for unauthorized detention and more than $1,000,000 in compen ..read more
Visit website
Ito v. Copper River Native Association
Justia US Law
by Justia
3w ago
The Supreme Court of Alaska affirmed a lower court's decision that the Copper River Native Association (CRNA), a non-profit corporation formed by federally recognized Alaska Native tribes, is an arm of its member tribes and thus entitled to tribal sovereign immunity. The case arose when a former employee sued CRNA over her termination. The superior court dismissed her complaint, concluding that CRNA was an arm of its member tribes and therefore entitled to sovereign immunity. The former employee appealed, arguing that CRNA was not entitled to tribal immunity. The Supreme Court of Alaska agreed ..read more
Visit website
UTE INDIAN TRIBE OF THE UINTAH & OURAY INDIAN RESERVATION v. US
Justia US Law
by Justia
3w ago
The Ute Indian Tribe of the Uintah and Ouray Indian Reservation brought a suit against the United States, alleging various claims concerning water rights and water-related infrastructure. The Tribe claimed that the United States breached duties of trust by mismanaging water rights and infrastructure held by the United States and operated for the Tribe, breached contracts with the Tribe, and effected unconstitutional takings of the Tribe’s property. The Claims Court dismissed all the breach of trust claims, held that one breach of contract claim was barred by a 2012 settlement agreement, and fo ..read more
Visit website
In the Matter of M.R.
Justia US Law
by Justia
1M ago
The Supreme Court of the State of Oklahoma reviewed the termination of parental rights of Victoria Rodriguez and Everardo Rodriguez, Sr., parents of four children who were adjudicated deprived. The children were removed from their parents' custody following allegations of severe sexual abuse against the eldest daughter, M.R., by her father over a two-year period, and the mother's failure to protect the children from this abuse. The District Court of Oklahoma County terminated the parents' rights after a jury trial. Both parents appealed separately, and their appeals were considered together in ..read more
Visit website
Perez v. City of San Antonio
Justia US Law
by Justia
1M ago
Two members of the Lipan-Apache Native American Church, Gary Perez and Matilde Torres, sued the City of San Antonio over its development plan for Brackenridge Park. They claimed that the plan, which involved tree removal and bird deterrence measures, would prevent them from performing religious ceremonies in the park, violating their rights under the First Amendment, the Texas Religious Freedom Restoration Act, and the Texas Constitution. They sought an injunction requiring the city to grant them access to the park for worship, minimize tree removal, and allow cormorants to nest. The district ..read more
Visit website

Follow Justia US Law on FeedSpot

Continue with Google
Continue with Apple
OR