Articles Posted in Native American Law

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A jury convicted defendant-appellant Nikolle Dixon on one count of embezzlement and theft from an Indian tribal organization. Before trial, Dixon filed a Notice of Defense of duress, on the theory that she faced an imminent threat of sexual assault from her stepfather and that her Post Traumatic Stress Disorder (“PTSD”) caused her to believe that no recourse to escape that assault was available except through theft. More specifically, Dixon asked the court to consider her theory of duress under the elements for that defense spelled out in Tenth Circuit Pattern Jury Instruction No. 1.36. In response, the government filed a motion in limine, asking the court to reject the defense and to exclude all evidence and testimony relevant to the defense. The court granted the government’s motion. To ensure preservation of her objection, shortly before trial, Dixon’s counsel offered Pattern Instruction 1.36 for the court’s possible presentation to the jury and filed a written proffer of the expert testimony that would be elicited in support of her duress defense. At trial, however, the court maintained its previous ruling, which rejected the defense, and the jury convicted Dixon. On appeal, Dixon asked the Tenth Circuit to reverse the district court’s decision rejecting her duress defense, specifically, her related request for a jury instruction. After review of the district court record, the Tenth Circuit rejected Dixon's contentions and affirmed her convictions. View "United States v. Dixon" on Justia Law

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Alabama-Quassarte Tribal Town (“AQTT”) appeals several orders entered in favor of the United States, the Secretary and Associate Deputy Secretary of the U.S. Department of the Interior (“DOI”), the Secretary of the U.S. Department of the Treasury, and the Muscogee (Creek) Nation (the “Creek Nation”). AQTT was a federally recognized Indian Tribe organized under the Oklahoma Indian Welfare Act (“OIWA”). AQTT filed a complaint against the United States and several federal officials (collectively, the “Federal Defendants”) alleging property known as the Wetumka Project lands were purchased under OIWA for the benefit of AQTT. It requested a declaratory judgment and an order compelling the government to assign the Wetumka Project lands to AQTT and provide AQTT with a full and complete accounting of related trust funds and assets. On the Federal Defendants’ motion for judgment on the pleadings, the district court dismissed AQTT’s claim for land assignment and denied the motion as to an accounting of trust assets. The parties then promptly filed cross-motions for summary judgment. All were denied. The case was remanded to the Interior Board of Indian Appeals (“IBIA”) for further development of the trust accounting issue. After the IBIA decided that the government did not hold any funds in trust for AQTT, the case returned to district court. AQTT filed an amended complaint, adding the Creek Nation as a defendant and arguing that the IBIA’s decision was arbitrary and capricious. The Creek Nation moved to dismiss, and that motion was granted on sovereign immunity grounds. In the amended complaint, AQTT also attempted to revive its land assignment claim based on newly discovered evidence. The district court again dismissed the claim. AQTT and the Federal Defendants then renewed their crossmotions for summary judgment. The district court upheld the IBIA’s decision. In granting the government’s motion for partial judgment on the pleadings, the district court dismissed AQTT’s claims for assignment of the Wetumka Project lands for failure to join the Creek Nation, an indispensable party because the IBIA determined the Creek Nation, not AQTT, was the legal beneficiary of the funds related to the Wetumka Project lands. In affirming the district court, the Tenth Circuit concluded the IBIA’s determination was supported by substantial evidence and was not arbitrary or capricious: the deeds of conveyance for the Wetumka Project lands plainly placed the land in trust for the Creek Nation, and did not create a vested beneficial interest in any other entity. View "Alabama-Quassarte Tribal Town v. United States" on Justia Law

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Appellants, the Navajo Nation and its wholly-owned government enterprise the Northern Edge Navajo Casino (together, the “Tribe” or “Nation”), entered into a state-tribal gaming compact with New Mexico under the Indian Gaming Regulatory Act (“IGRA”). The Tribe agreed not only to waive its sovereign immunity for personal-injury lawsuits brought by visitors to its on-reservation gaming facilities, but also to permit state courts to take jurisdiction over such claims. Harold and Michelle McNeal were plaintiffs in such a state-court action against the Tribe. Mr. McNeal allegedly slipped on a wet floor in the Northern Edge Navajo Casino. This incident constituted the basis for the McNeals’ tort claims against the Nation for negligence, res ipsa loquitur, and loss of consortium. The Tribe moved to dismiss the McNeals’ complaint, arguing that the state court lacked jurisdiction because neither IGRA nor Navajo law permitted the shifting of jurisdiction to a state court over such personal-injury claims. The state court rejected that motion. In response, the Tribe sought declaratory relief in federal court on the basis of the same arguments. The district court granted summary judgment for the McNeals, holding that IGRA permitted tribes and states to agree to shift jurisdiction to the state courts and that Navajo law did not prohibit such an allocation of jurisdiction. Along with the jurisdictional issue, the parties also disputed: (1) whether IGRA permitted an Indian tribe to allocate jurisdiction over a tort claim arising on Indian land to a state court; and (2) assuming that IGRA did allow for such an allocation, whether the Navajo Nation Council (“NNC”) was empowered to shift jurisdiction to the state court under Navajo Law. The Tenth Circuit determined that IGRA, under its plain terms, did not authorize an allocation of jurisdiction over tort claims of the kind at issue here. Accordingly, the Tenth Circuit reversed the district court and remanded with instructions to grant the declaratory relief sought by the Nation. View "Navajo Nation v. Dalley" on Justia Law

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Oklahoma and the Citizen Potawatomi Nation (the “Nation”) entered into a Tribal-State gaming compact; Part 12 of which contained a dispute-resolution procedure that called for arbitration of disagreements “arising under” the Compact’s provisions. The terms of the Compact indicated either party could, “[n]otwithstanding any provision of law,” “bring an action against the other in a federal district court for the de novo review of any arbitration award.” In Hall Street Associates, LLC. v. Mattel, Inc., 552 U.S. 576, (2008), the Supreme Court held that the Federal Arbitration Act (“FAA”) precluded parties to an arbitration agreement from contracting for de novo review of the legal determinations in an arbitration award. At issue before the Tenth Circuit Court of Appeals was how to treat the Compact’s de novo review provision given the Supreme Court’s decision in Hall Street Associates. The Nation argued the appropriate course was to excise from the Compact the de novo review provision, leaving intact the parties’ binding obligation to engage in arbitration, subject only to limited judicial review under 9 U.S.C. sections 9 and 10. Oklahoma argued the de novo review provision was integral to the parties’ agreement to arbitrate disputes arising under the Compact and, therefore, the Tenth Circuit should sever the entire arbitration provision from the Compact. The Tenth Circuit found the language of the Compact demonstrated that the de novo review provision was a material aspect of the parties’ agreement to arbitrate disputes arising thereunder. Because Hall Street Associates clearly indicated the Compact’s de novo review provision was legally invalid, and because the obligation to arbitrate was contingent on the availability of de novo review, the Tenth Circuit concluded the obligation to arbitrate set out in Compact Part 12 was unenforceable. Thus, the matter was remanded to the district court to enter an order vacating the arbitration award. View "Citizen Potawatomi Nation v. State of Oklahoma" on Justia Law

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In 2015, Wichita and affiliated tribes made plans to build a History Center on a plot of land held by the federal government in trust for the Wichita Tribe, Delaware Nation, and Caddo Nation jointly. One of those neighbors, the Caddo Nation, claimed the land may contain remains of ancestral relatives. Before the Wichita Tribe began construction, Caddo Nation sued the Wichita Tribe for allegedly violating the procedures required by the National Historic Preservation Act (NHPA) and the National Environmental Policy Act (NEPA) throughout the planning process. Caddo Nation sought an emergency temporary restraining order preventing Wichita Tribe from continuing construction until it complied with those procedures. When the district court denied that request, Caddo Nation appealed to the Tenth Circuit Court of Appeals without seeking further preliminary relief. In the intervening year while the case was on appeal with the Tenth Circuit, Wichita Tribe completed construction of the History Center. The Tenth Circuit concluded it had no jurisdiction over this appeal because the relief Caddo Nation requested from the district court was moot. View "Caddo Nation of Oklahoma v. Wichita & Affiliated Tribes" on Justia Law

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In cases consolidated for review, the issue presented for the Tenth Circuit centered on whether the Bureau of Land Management (BLM) acted beyond its statutory authority when it promulgated a regulation, 43 C.F.R. sec. 3162.3-3 (2015), governing hydraulic fracturing (fracking) on lands owned or held in trust by the United States. The district court invalidated this regulation as exceeding the BLM’s statutory authority. While these appeals were pending, a new President of the United States was elected, and shortly thereafter, at the President’s direction, the BLM began the process of rescinding the Fracking Regulation. Given these changed and changing circumstances, the Tenth Circuit concluded these appeals were unripe for review. As a result, the Court dismissed these appeals and remanded with directions to vacate the district court’s opinion and dismiss the action without prejudice. View "Wyoming v. Zinke" on Justia Law

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This case presented a question of whether a large-scale excavation project constituted “mining” under the pertinent federal regulations that address mineral development on Indian land. When an entity engages in “mining” of minerals owned by the Osage Nation, a federally approved lease must be obtained from the tribe. The Osage Mineral Council (OMC), acting on behalf of the Osage Nation, appealed the award of summary judgment to Defendant Osage Wind, LLC (Osage Wind), arguing that Osage Wind engaged in “mining” without procuring a federally approved mineral lease. The Bureau of Indian Affairs (BIA) has defined “mining” as the “science, technique, and business of mineral development[.]” The Tenth Circuit held the term “mineral development” had a broad meaning, including commercial mineral extractions and offsite relocations, but also encompass action upon the extracted minerals for the purpose of exploiting the minerals themselves on site. The Court held Osage Wind’s extraction, sorting, crushing, and use of minerals as part of its excavation work constituted “mineral development,” thereby requiring a federally approved lease which Osage Wind failed to obtain. Accordingly, the Court reversed the award of summary judgment and remanded for further proceedings. View "United States v. Osage Wind" on Justia Law

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The contract at issue in this appeal was an Independent Contractor Agreement (the Contract) between the Ute Indian Tribe and Lynn Becker, a former manager in the Tribe’s Energy and Minerals Department. Becker claimed the Tribe breached the Contract by failing to pay him 2% of net revenue distributed to Ute Energy Holdings, LLC from Ute Energy, LLC. After Becker filed suit in Utah state court, the Tribe filed this suit against him and Judge Barry Lawrence, the state judge presiding over Becker’s suit, seeking declarations that: (1) the state court lacks subject-matter jurisdiction over the dispute; (2) the Contract was void under federal and tribal law; and (3) there was no valid waiver of the Tribe’s sovereign immunity for the claims asserted in state court. The Tribe also sought a preliminary injunction ordering defendants to refrain from further action in the state court proceedings. The federal district court held that it lacked jurisdiction to consider the Tribe’s challenge to the jurisdiction of the state court. The Tenth Circuit disagreed with the district court, and reversed and remanded for further proceedings. The Court held that the Tribe’s claim that federal law precluded state-court jurisdiction over a claim against Indians arising on the reservation presented a federal question that sustained federal jurisdiction. View "Ute Indian Tribe of the Uintah v. Lawrence" on Justia Law

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The Ute Indian Tribe of the Uintah and Ouray Reservation appealed a preliminary injunction ordering it not to proceed with litigation in tribal court against a nonmember former contractor, Lynn Becker. The district court ruled that although the parties’ dispute would ordinarily come within the tribal court’s jurisdiction, their Independent Contractor Agreement (the Contract) waived the Tribe’s right to litigate in that forum. The Tribe argued: (1) the tribal-exhaustion rule, which ordinarily requires a federal court to abstain from determining the jurisdiction of a tribal court until the tribal court has ruled on its own jurisdiction, deprived the district court of jurisdiction to determine the tribal court’s jurisdiction; and (2) even if exhaustion was not required, the preliminary injunction was improper because the Contract did not waive the Tribe’s right to litigate this dispute in tribal court. In addition, the Tribe challenged the district court’s dismissal of its claims under the federal civil-rights act, 42 U.S.C. 1983, seeking to halt state-court litigation between it and Becker. The Tenth Circuit did not agree the tribal-exhaustion rule was jurisdictional, but agreed the district court should have abstained on the issue. Although the Contract contained a waiver of the tribal-exhaustion rule, Becker could not show a likelihood of success based on the validity of the waiver; he failed to adequately counter the Tribe’s contention that the entire Contract, including the waiver, was void because it did not receive federal-government approval, as was required for contracts transferring property held in trust for the Tribe by the federal government. With respect to the Tribe’s claim under 42 U.S.C. 1983, the Tenth Circuit found the Tribe has not stated a claim because it is not a “person” entitled to relief under that statute when it is seeking, as here, to vindicate only a sovereign interest. To resolve the remaining issues raised in this case, the Court adopted its decision in the companion case of Ute Indian Tribe v. Lawrence, No. 16-4154 (August 25, 2017). View "Becker v. Ute Indian Tribe" on Justia Law

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A jury convicted Patrick Murphy of murder in Oklahoma state court and imposed the death penalty. In August 1999, Murphy lived with Patsy Jacobs; Jacobs was previously in a relationship with the victim, George Jacobs. Murphy had an argument with her about George, and said he was “going to get” George Jacobs and his family. A passerby found George Jacobs in a ditch with his face bloodied and slashes across his chest and stomach. His genitals had been cut off and his throat slit. Murphy allegedly confessed the killing to Ms. Jacobs, and he was later arrested and tried. On appeal, Murphy asserted he was tried in the wrong court: he challenged the jurisdiction of the Oklahoma state court in which he was convicted and sentenced, contending he should have been tried in federal court because he was an Indian and the offense occurred in Indian country. To this point, the Tenth Circuit agreed and remanded to the district court to issue a writ of habeas corpus vacating his conviction and sentence. The question of whether the state court had jurisdiction was straightforward but reaching an answer was not. Parsing the issue involved review of: (1) federal habeas corpus review of state court decisions; (2) Indian country jurisdiction generally; (3) Indian reservations specifically; and (4) how a reservation can be disestablished or diminished. In this case, the Oklahoma court applied a rule that was contrary to clearly established Supreme Court law. Congress has not disestablished the Creek Reservation; the crime in this case occurred in Indian country; Murphy was an Indian and because the crime occurred in Indian country, the federal court has exclusive jurisdiction. Oklahoma lacked jurisdiction. The Tenth Circuit therefore reversed the district court’s judgment and remanded with instructions to grant Murphy’s application for a writ of habeas corpus. View "Murphy v. Royal" on Justia Law