Justia Native American Law Opinion Summaries

The case involves a father, H.A., who sought to vacate orders of the juvenile court that terminated his visitation rights and the mother’s reunification services, and set a hearing pursuant to Welfare and Institutions Code section 366.26. The father argued that the inquiry into the minors’ potential Indian heritage in this dependency case was insufficient and failed to comply with the Indian Child Welfare Act (ICWA). The San Joaquin County Human Services Agency had filed a section 300 petition on behalf of the minors based on the parents’ substance abuse, domestic violence, and the mother’s untreated mental health issues. Both parents denied having any Native American ancestry.The Court of Appeal of the State of California Third Appellate District agreed with the father's contention. The court found that the inquiry of relatives and family members about the minors’ potential Indian heritage was necessary to meet the requirements of the ICWA. The court noted that the Agency had contact with the maternal and paternal grandmothers and the paternal great-aunt, but did not ask them, or any other relatives, about possible Native American ancestry.The court vacated the juvenile court’s finding that the minors are not Indian children within the meaning of the ICWA and remanded the case to the juvenile court for further proceedings to address compliance with the inquiry and notice provisions of the ICWA. The court also issued a peremptory writ of mandate directing the respondent juvenile court to vacate the ICWA findings and conduct further proceedings to determine whether the ICWA inquiry and notice requirements have been met. The court emphasized the obligations of the parents’ and minors’ counsel, the juvenile court, and the Agency under the ICWA. View "H.A. v. Super. Ct." on Justia Law

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 tribal sovereign immunity, while Myers contends that her employment contract mandates that any claims against her can only be brought in a designated tribal court.The United States District Court for the Northern District of Alabama dismissed the case, finding that Kituwah had not waived sovereign immunity for the trade secrets claims and that the claims against Myers should be resolved in the Alabama-Quassarte Tribal Town court, as stipulated in her employment contract. AQuate appealed the decision, arguing that the tribal court did not exist.The United States Court of Appeals for the Eleventh Circuit reversed the district court’s decision. The appellate court found that Kituwah had waived sovereign immunity for claims related to the federal contracting program and could be sued. Regarding Myers, the court determined that the district court failed to consider whether the clause naming the allegedly nonexistent tribal court as the appropriate forum was valid and enforceable. The case was remanded for further consideration. View "Aquate II, LLC v. Myers" on Justia Law

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 compensatory and punitive damages.The Claims Court dismissed the plaintiffs’ actions for lack of jurisdiction. The court held that the plaintiffs failed to show that the treaties on which they relied gave rise to a personal right to monetary relief on their part in the event of a breach of the covenants relating to the exercise of civil and criminal jurisdiction within the Cherokee Nation. The court explained that claims based on treaties with Indian nations can fall within the jurisdiction of the Claims Court because they are treated as “a species of contract.” However, the court concluded that the treaties were not money-mandating.The United States Court of Appeals for the Federal Circuit affirmed the decision of the Claims Court. The court found that the treaty provisions the appellants relied upon are not money-mandating. The court also noted that the agreements addressed the respective rights of sovereignty of the two contracting parties; they did not create contract-based rights in individuals, the breach of which could give rise to monetary remedies for those individual complainants. The court concluded that the appellants’ claim does not fall within the reach of the Tucker Act, and therefore, the Claims Court lacked jurisdiction to address their demand for damages from the United States attributable to their prosecution and incarceration by the State of Oklahoma. View "GREENE v. US " on Justia Law

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 with CRNA that the legal landscape defining the contours of tribal sovereign immunity has shifted significantly since its 2004 decision in Runyon ex rel. B.R. v. Association of Village Council Presidents. The court adopted a multi-factor inquiry to determine whether an entity is entitled to “arm-of-the-tribe” immunity. Applying this multi-factor inquiry, the court concluded that CRNA is an arm of its member tribes and affirmed the superior court's decision. View "Ito v. Copper River Native Association" on Justia Law

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 found the remaining breach of contract and takings claims time barred.The United States Court of Appeals for the Federal Circuit affirmed in part and vacated and remanded in part the Claims Court's decision. The Court of Appeals held that the Winters doctrine and the 1899 Act did not sufficiently establish trust duties to support Indian Tucker Act jurisdiction with respect to the Tribe’s claims that the United States has a duty to construct new infrastructure and secure new water for the Tribe. However, the Court found that the 1906 Act imposes trust duties on the United States sufficient to support a claim at least with respect to management of existing water infrastructure. The Court also affirmed the dismissal of one breach of contract claim, vacated and remanded another, and affirmed the dismissal of the takings claims. View "UTE INDIAN TRIBE OF THE UINTAH & OURAY INDIAN RESERVATION v. US" on Justia Law

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 this opinion. The mother argued that the Indian Child Welfare Act (ICWA) was unconstitutional as it denied her equal protection under the law. However, the court found that she lacked standing to challenge the constitutionality of ICWA. The court also held that the trial court did not violate her right to equal protection under the law by failing to apply a heightened burden of proof under ICWA.The father argued that the trial court erred by not making certain required findings under federal and state law and by granting the State's Motion in Limine. The court found that the trial court did not err in these respects. The court affirmed the trial court's orders terminating the parental rights of both parents. View "In the Matter of M.R." on Justia Law

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 court granted them access to the park for religious ceremonies but declined to enjoin the city's planned tree removal and bird deterrence measures. Both parties appealed this decision.The United States Court of Appeals for the Fifth Circuit affirmed the district court's decision. The court found that the city's development plan did not substantially burden the appellants' religious exercise. The court also found that the city's plan served two compelling interests: public health and safety, and compliance with federal law. The court concluded that the city's tree removal and bird deterrence plans were the least restrictive means to advance these interests. Therefore, the appellants failed to show a likelihood of success on the merits of their claims. The court also denied the appellants' emergency motion for an injunction pending appeal. View "Perez v. City of San Antonio" on Justia Law

This case, decided by the Supreme Court of the State of Oklahoma, involved a dispute between the Governor of Oklahoma and the state's legislative leaders. The Governor sought a declaration that the legislative leaders did not have the authority to pass two bills related to Tribal compacts on behalf of the state.The case has its roots in previous US Supreme Court decisions that allowed Oklahoma to tax tobacco products sold on Indian lands to non-tribal members and to enter into agreements with tribal nations regarding these taxes. Following these decisions, Oklahoma's governor negotiated and entered into compacts with tribal nations regarding excise taxes on tobacco products and motor vehicle licensing and registration fees.The current dispute revolves around compacts negotiated in 2013. The Governor argued that the legislature lacked the authority to pass two bills extending the expiration of these compacts, alleging that the bills were the product of an unlawful concurrent special legislative session, that they violated the separation of powers by exercising powers that belong to the Executive branch, and that they contradicted his exclusive authority to negotiate state-tribal compacts.The court held that the legislature had the constitutional authority to consider the bills during a concurrent special session, and that the legislation did not exceed the call of the special session. The court also held that the Governor's authority to negotiate state-tribal compacts is statutory, not constitutional, and that the passage of the bills was not an infringement on the Governor's statutory authority to negotiate and enter into state-tribal compacts. Therefore, the court denied the Governor's request for declaratory relief. View "Stitt v. Treat" on Justia Law

In this case, the defendant, Malinda Crazymule, was found to have violated her probation. The Sixteenth Judicial District Court, Rosebud County revoked her suspended sentence and ordered a four-year commitment to the Department of Corrections (DOC). The court gave Crazymule 130 days of street time and 21 days of jail time credit but denied credit for jail time served while Crazymule was in Northern Cheyenne Tribal custody. Crazymule appealed this denial.The Supreme Court of the State of Montana reversed the lower court's decision. The key issue was whether Crazymule was entitled to credit for the time served during her arrest warrant's issuance while she was in custody for tribal offenses. The Supreme Court found that the District Court erred in its interpretation of the relevant statutes.According to Section 46-18-203(7)(b), MCA, if a suspended or deferred sentence is revoked, the judge must allow credit for time served in a detention center. The Supreme Court emphasized that the language of this statute is not discretionary regarding awarding credit for time served. The court held that the District Court had jurisdiction over Crazymule once the arrest warrant was issued following the filing of the State’s revocation petition with the court, regardless of Crazymule's incarceration for a different offense.The Supreme Court concluded that Crazymule was entitled to credit from the date the revocation warrant was issued and she remained incarcerated in a detention center. The case was reversed and remanded for further proceedings. View "State v. Crazymule" on Justia Law

The Mandan, Hidatsa and Arikara Nation (MHA), an Indian nation of three affiliated tribes, appealed the U.S. Department of the Interior's Bureau of Land Management (BLM) approval of eight applications for oil drilling by the Slawson Exploration Company, Inc. next to Lake Sakakawea, MHA's sole source of drinking water. MHA challenged the approvals under the Administrative Procedure Act, arguing that BLM's approval of the project was arbitrary and capricious due to an insufficient record and by precluding MHA from further developing the record about the threat the project posed to MHA's health and welfare.The United States Court of Appeals for the Eighth Circuit affirmed the district court's grant of summary judgment to BLM and Slawson, dismissing the case with prejudice. The court found that BLM had engaged in reasoned decision-making and had evaluated all relevant factors. It noted that the agency placed the responsibility on Slawson to comply with tribal law without impeding MHA's ability as a sovereign to enforce its laws. The court also found that BLM's decision not to evaluate tribal law did not impact tribal sovereignty. The court concluded that MHA's jurisdiction over Slawson's project was not a relevant factor to the approvals and therefore further development of the record was not required.Furthermore, the court found that MHA was not entitled to an evidentiary hearing as there was no dispute of material fact and MHA had adequate opportunities to submit evidence. Therefore, the court ruled that MHA had received all process required by the Constitution, laws, and agency regulation. View "Mandan, Hidatsa & Arikara Nation v. U.S. Dept. of the Interior" on Justia Law