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Last updated: July 31, 2008
Next update will be updated on or before: August 6, 2008
Selected Indian Law Cases Discovered: July 21 - July 31
Please alert us to any cases we may have missed from the U.S. Courts of
Appeals.
Vann v. Kempthorne
2008 WL 2890559
No. 07-5024
United States Court of Appeals, District of Columbia Circuit, July 29, 2008
Subjects: Contested elections -- Cherokee Nation, Oklahoma; Suffrage -- Cherokee Nation, Oklahoma; Sovereign immunity -- Cherokee Nation, Oklahoma; Freedmen; United States. Administrative Procedure Act; United States. Indian Civil Rights Act.
*Synopsis: (from the opinion) The issue on appeal is the extent to which sovereign immunity protects a federally recognized Indian tribe and its officers against suit. For the reasons that follow, we hold that the suit may proceed against the tribe's officers but not against the tribe itself.
*Holding: not yet available
Fowler v. Crawford
2008 WL 2853203
No. 07-2946
United States Court of Appeals, Eighth Circuit, July 25, 2008
Subjects: Freedom
of religion; Indians of North America -- Rites and ceremonies;
Sweat lodges; United States. Religious Land Use and Institutionalized
Persons Act of 2000; Missouri. Dept. of Corrections; Jefferson
City Correctional Center (Mo.).
*Synopsis: State prisoner brought action against prison officials, alleging that officials' refusal to grant him access to a sweat lodge in which to practice his Native American faith violated the Religious Land Use and Institutionalized Persons Act (RLUIPA). The United States District Court for the Western District of Missouri, Nanette K. Laughrey, J., 2007 WL 2137803, granted summary judgment to prison officials. Prisoner appealed.
*Holding: The Court of Appeals, Baldock, Circuit Judge, held that:
(1) prohibition on sweat lodge was in furtherance of compelling governmental interest, and
(2) ban was the least restrictive means by which to further compelling interest.
Affirmed.
Roberts v. Hagener
2008 WL 2787558
No. 07-35197
United States Court of Appeals, Ninth Circuit, July 18, 2008
Subjects: Equality before the law
-- United States; United States. Constitution. 14th Amendment;
Jurisdiction -- United States; Game laws -- Montana; Hunting
-- On Indian reservations -- State supervision.
*Synopsis: (from the opinion) Randy Roberts appeals the district court's grant of summary judgment in favor of the State of Montana and numerous Montana government officials (collectively “Defendants” or “Montana”) in his suit alleging that a Montana big game hunting regulation violates the Equal Protection Clause of the Fourteenth Amendment. We have jurisdiction pursuant to 28 U.S.C. § 1291. We affirm.
*Holding: not yet available
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American Rights Fund
Text highlighted in blue
are links to information available on the Internet free of charge.
Text highlighted in green are
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* Synopsis and holding provided under an agreement with Westlaw.com
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