Justia Native American Law Opinion Summaries

The Pueblo of Jemez brought suit against the United States under the federal common law and the Quiet Title Act (QTA), seeking to quiet its allegedly unextinguished and continuing aboriginal title to the lands of what was known as Valles Caldera National Preserve. The government filed a motion to dismiss for lack of jurisdiction under Fed. R. Civ. P. 12(b)(1) and for failure to state a claim under Fed. R. Civ. P. 12(b)(6). The district court held it lacked subject matter jurisdiction as a matter of law and dismissed the action pursuant to Rule 12(b)(1). It reasoned that sovereign immunity barred the action based on its conclusion that the Jemez Pueblo’s title claim against the United States accrued in 1860 when the United States granted the lands in question to the heirs of Luis Maria Cabeza de Baca (the Baca heirs). The claim thus fell within the exclusive jurisdiction of the Indian Claims Commission Act (ICCA), which waived sovereign immunity and provided a cause of action to all Indian claims against the government that accrued before 1946 so long as they were filed within a five year statute of limitations period. Because the claim was not so filed, it became barred by sovereign immunity. The Pueblo appealed, arguing that its aboriginal title was not extinguished by the 1860 grant to the Baca heirs and that its claim for interference with its Indian title did not accrue until 2000, after the United States acquired an interest in the Valles Caldera and began interfering with the Jemez Pueblo’s access to the land. Upon careful consideration of the arguments made on appeal, the Tenth Circuit reversed and remanded for further proceedings: "This appeal is not about whether the Jemez Pueblo holds aboriginal title. On remand, the Jemez Pueblo will have to prove that it had, and still has, aboriginal title to the land at issue in the case. This appeal concerns whether the 1860 Baca grant extinguished the Jemez Pueblo’s alleged aboriginal title to the lands which are the subject of this action. We hold it did not and the district court erred in concluding, as a matter of law, the 1860 Baca grant itself provided a pre-1946 claim against the United States the Jemez Pueblo could have brought under the ICCA." View "Pueblo of Jemez v. United States" on Justia Law

In a consolidated appeal, Respondents Steven B. and Ernie Begaye were both enrolled members of the Navajo Nation who were accused of offenses committed on Parcel Three of Fort Wingate (Parcel Three). The question this case presented for the Supreme Court's review was whether Parcel Three was a "dependent Indian community" and therefore Indian country under 18 U.S.C. 1151(b) (2012) and "Alaska v. Native Village of Venetie Tribal Government," (522 U.S. 520 (1998)). If so, then the district court properly concluded that it lacked jurisdiction over Respondents; if not, then the New Mexico Supreme Court had to reverse the district court and permit the State to proceed against Respondents. In review of the controlling case law, the history and the present circumstances of Parcel Three, the Supreme Court concluded that Parcel Teal was not a dependent Indian community, and the district court, therefore, had jurisdiction over Respondents. The district court and the Court of Appeals having concluded otherwise, the Supreme Court reversed. View "New Mexico v. Steven B." on Justia Law

The Tribe and its elected chairperson filed suit alleging claims asserting title to the Tejon Ranch. The district court granted the government's motion to dismiss for failure to state a claim. The court concluded that the district court properly determined that the Tribe has no ownership interest in the Tejon Ranch where the district court correctly concluded that the Tribe’s failure to present a claim to the Commission pursuant to the California Land Claims Act of 1851 extinguished its title, that the Treaty with Utah did not convey land rights to the signatory tribes or recognize aboriginal title, and that Treaty D was never ratified and conveyed no rights; the court rejected claims of numerous acts of alleged forgery and deception in regards to the four Mexican land grants comprising Tejon Ranch; the district court properly rejected claims that a reservation reserved to the Tribe was established under the Act; the claims against Kern County are subsumed into the ownership determination; and the claims originally asserted against the Secretary, along with the chairperson’s individual claims, were waived for failure to assert on appeal. The court declined to consider the Tribe's new arguments on appeal and did not reach any other issue urged on appeal. Accordingly, the court affirmed the judgment. View "Robinson v. Jewell" on Justia Law

Nearly forty years ago the Ute Tribe filed a lawsuit alleging that Utah and several local governments were unlawfully trying to displace tribal authority on tribal lands. After a decade of proceedings at the district court and on appeal, the Tenth Circuit agreed to hear the case en banc. In the decision that followed, "Ute III," the court ruled for the Tribe and rejected Utah's claim that congressional action had diminished three constituent parts of Ute tribal lands (the Uncompahgre Reservation, the Uintah Valley Reservation, and certain national forest areas. When the Supreme Court denied certiorari, that "should have been the end of the matter." State officials chose "to disregard the binding effect of the Tenth Circuit decision in order to attempt to relitigate the boundary dispute in a friendlier forum" by continuing to prosecute tribal members in state court for conduct within the boundaries recognized by Ute III. Utah argued to the Utah Supreme Court that Ute III did not diminish tribal territory did diminish at least a part of the Uintah Valley Reservation. The Court agreed, as did the U.S. Supreme Court (despite having denied certiorari to "Ute III"). The issue of what to do with the mandate of "Ute III" remained: keeping it in place could leave the United States Supreme Court's decision in Hagen to control only cases arising from Utah state courts and not federal district courts. In "Ute V," the Tenth Circuit elected to recall and modify Ute III's mandate. On appeal, Utah sought to diminish parts of the national forest and Uncompahgre lands. "Ute V" rejected this request. The Tribe filed suit in federal court, seeking a permanent injunction prohibiting the State and its counties from pursuing criminal prosecutions of Indians in state court for offenses arising in areas declared by Ute III and V to be Indian country, and prohibiting the State and its subdivisions from otherwise relitigating matters settled by those decisions. Before the Tenth Circuit in this matter were three interlocutory (but immediately appealable) collateral orders this latest litigation has spawned: (1) the Tribe's request for a preliminary injunction; (2) the Tribe's claim of immunity from the counterclaims; and (3) Uintah County's claim of immunity from the Tribe's suit. In all three decisions the district court denied the requested relief. But the Tenth Circuit found Tribe's arguments on all three points as "well taken." The district court should have issued a preliminary injunction; the Tribe was shielded by sovereign immunity; and Uintah County was not. View "Ute Indian Tribe v. Utah" on Justia Law

Mother was an enrolled member of the Oglala Sioux Tribe. After Jassenia, who was allegedly eligible for enrollment in the tribe, was removed from Mother’s care, the State filed a petition for adjudication pursuant to Neb. Rev. Stat. 43-247(3)(a). At issue before the juvenile court was whether the federal Indian Child Welfare Act (ICWA) applied to the adjudication proceeding. The juvenile court determined that ICWA applied to the proceedings. Jassenia’s guardian ad litem appealed, asserting that Mother’s intent to relinquish custody of Jassenia rendered ICWA inapplicable. The Supreme Court dismissed the appeal for lack of jurisdiction, holding that the juvenile court’s order did not constitute a final, appealable order because the mere determination that ICWA applied, without further action, did not affect a substantial right. View "In re Interest of Jassenia H." on Justia Law

Shields and Wilson are Indians with interests on the Bakken Oil Shale Formation in the Fort Berthold Reservation in North Dakota, allotted to them under the Dawes Act of 1887. Such land is held in trust by the government, but may be leased by allottees. Shields and Wilson leased oil and gas mining rights on their allotments to companies and affiliated individuals who won a sealed bid auction conducted by the Board of Indian Affairs in 2007. After the auction, the women agreed to terms with the winning bidders, the BIA approved the leases, and the winning bidders sold them for a large profit. Shields and Wilson filed a putative class action, claiming that the government had breached its fiduciary duty by approving the leases for the oil and gas mining rights, and that the bidders aided, abetted, and induced the government to breach that duty. The district court concluded that the United States was a required party which could not be joined, but without which the action could not proceed in equity and good conscience, and dismissed. The Eighth Circuit affirmed. The United States enjoys sovereign immunity for the claims and can decide itself when and where it wants to intervene. View "Two Shields v. Wilkinson." on Justia Law

The Band, a federally recognized Indian tribe, has more than 4,000 enrolled members, most living within or near its aboriginal lands in Michigan. Under the Little Bands Act and the Indian Reorganization Act, 25 U.S.C. 476, the Band enacted a constitution that vests its legislative powers in the Tribal Council and grants the Council power to operate gaming under the Indian Gaming Regulatory Act, 25 U.S.C. 2701. The Band entered into a compact with the State of Michigan to conduct gaming activities on Manistee trust lands. The casino has 905 employees: 107 are enrolled Band members, 27 are members of other tribes, and 771 are not members of any Indian tribe. Most casino employees live outside the Band’s trust lands. Apart from the casino, 245 employees work for the Band: 108 are Band members. The Council enacted a Fair Employment Practices Code, which essentially prohibit or drastically restrict most concerted activities, collective bargaining, and organization efforts. Acting under the National Labor Relations Act, 29 U.S.C. 151–169, the National Labor Relations Board issued an order to the Band to cease and desist enforcing provisions that conflict with the NLRA. The Sixth Circuit entered an enforcement order, finding that the NLRA applies to the casino. View "Nat'l Labor Relations Bd. v. Little River Band of Ottawa Indians" on Justia Law

Doe and C.C.’s mother (Mother) are the biological parents of C.C., who was born in 2008. Doe, Mother, and C.C. are all members of the Shoshone-Bannock Tribes of the Fort Hall Reservation (Tribes). Doe and Mother were never married, but lived together sporadically during the initial portion of C.C.’s life until Mother ended the relationship in 2010. In July of 2010, Doe shot Mother in front of C.C. Doe pleaded guilty to Attempted First Degree Murder and was sentenced to serve fifteen years, with nine years fixed. He was not eligible for parole until July of 2019. Mother married C.C.’s stepfather on October 15, 2010. Stepfather was also a member of the Tribes. The issue in this case presented for the Supreme Court's review centered on a magistrate court’s judgment terminating John Doe’s parental rights and allowing C.C. to be adopted. Doe argued that the magistrate court did not have jurisdiction to hear the case. Finding no reversible error, the Supreme Court affirmed. View "Termination of Parental Rights of John Doe (2014-25)" on Justia Law

Plaintiff-appellant Benedict Cosentino appealed an order that dismissed his claims against defendants-respondents Stella Fuller, John R. Magee, Jason P. Maldonado, William R. Ramos, and Robert B. Vargas based on the sovereign immunity afforded to Indian tribes and their officials. Cosentino was a table games dealer at an Indian tribal casino and Defendants were the five members of the tribe’s gaming commission responsible for licensing individuals involved in the tribe’s gaming activities and overseeing those activities. Shortly after he began working at the casino, Cosentino observed ongoing criminal activity on the casino floor. Based on his observations, Cosentino became a informant for the California Department of Justice and the information he provided lead to several criminal convictions. Defendants later sought to learn what information Cosentino provided the Department of Justice, but he followed the Department’s instructions and declined to divulge the information. Defendants thereafter revoked his gaming license and the casino terminated his employment because he could not work at the casino without a valid license. Cosentino filed suit claiming Defendants revoked his gaming license without cause and in retaliation for acting as an informant. Defendants specially appeared to make a motion to quash and dismiss, arguing sovereign immunity deprived the court of subject matter jurisdiction because Cosentino based all of his claims on Defendants’ official actions as members of the tribe’s gaming commission. The trial court agreed and granted the motion. The Court of Appeal reversed: "[a]n official’s actions that exceed the scope of his or her authority are not protected. [. . .]Cosentino, however, presented evidence supporting his claim Defendants exceeded the scope of their authority by revoking his license without cause in retaliation against him. Sovereign immunity prevents us from inquiring into the reliability of information Defendants may have relied upon in revoking Cosentino’s license or any other errors they may have made, but it does not prevent inquiry into whether Defendants exceeded their authority by using their official position to intentionally harm Cosentino." View "Cosentino v. Fuller" on Justia Law

The Belcourt School District operates within the Turtle Mountain Indian Reservation. The North Dakota Constitution requires that the District provide education to children who are Indians or reside on Indian reservations. The Tribe and School District have agreed to share responsibility for educating students, both Indian and non-Indian, residing on the Reservation, and entered into agreements in 2006 and 2009 that provided the District with exclusive authority to administer "day-to-day operations" at Turtle Mountain Community High School, including supervision and employment of staff. Tribe members sued, alleging defamation, excessive use of force, and multiple employment-related claims. The Tribal Court dismissed for lack of jurisdiction over the District and its employees for claims related to the employees' performance of their official duties. The Tribal Court of Appeals reversed, reasoning that the District signed the agreements, subjecting itself to Tribal jurisdiction. The federal trial court concluded that the Tribal Court had jurisdiction, based on the agreements. The Eighth Circuit reversed and held that the Tribal Court did not have jurisdiction, reasoning that the District was clearly acting in its official capacity, in furtherance of its obligations under the state constitution, when it entered into the agreements, View "Belcourt Pub. Sch. Dist. v. Davis" on Justia Law