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Last updated: June 30, 2009
Next update should be ready by: July 17, 2009
Selected Indian Law Cases Discovered: Through June 30, 2009
Please alert us to any cases we may have missed from the U.S. Courts of
Appeals.
Oglala Sioux Tribe of the Pine Ridge Indian Reservation v. United States Army Corp of Engineers
2009 WL 1812741
No. 08-5133
United States Court of Appeals, District of Columbia, June 26, 2009
Subjects: Indian reservations -- Boundaries -- Cases; Diminished Indian reservations -- Cases; National Register of Historic Places; Oglala Sioux Tribe of the Pine
Ridge Reservation, South Dakota; United States.
Army. Corps of Engineers.
*Synopsis: (from the opinion) This case deals with several federal government properties located along the Missouri River within the area of the former Great Sioux Reservation. The Oglala Sioux Tribe brought this action seeking a declaration that the 1889 Act of Congress dissolving the Great Sioux Reservation never took effect. In addition, the Tribe requested an injunction preventing the United States from transferring title to any land inside the former Reservation without the Tribe's permission, and a writ of mandamus compelling the Army Corps of Engineers to evaluate the Missouri River properties for inclusion in the National Register of Historic Places.
*Holding: not yet available
Keweenaw Bay Indian Community v. Rising
2009 WL 1811880
No. 08-1585
United States Court of Appeals, Sixth Ciruit, June 26, 2009
Subjects: Taxation -- Law and legislation -- Michigan; Tax exemption; Keweenaw Bay Indian Community, Michigan.
*Synopsis: Tribe brought action against state, state treasury officials, and secretary of state, seeking declaratory and injunctive relief from the State's collection of sales and use taxes on transactions involving tribe or its members, and asserting § 1983 claim that State's offset of federal funds violated various constitutional and statutory rights. The United States District Court for the Western District of Michigan at Marquette, Gordon J. Quist, J., 546 F.Supp.2d 509, granted summary judgment for the State. Tribe appealed.
*Holding: The Court of Appeals, Merritt, Circuit Judge, held that:
(1) tribe's request for declaration concerning its tax immunities did not present justiciable question;
(2) tribe's claim for declaration that Michigan tax policy was invalid was unripe;
(3) issue of whether treaty affected Michigan's collection of sales and use taxes was not properly before the Court;
(4) but remand was warranted to determine if tribe was person under § 1983.
Affirmed in part, vacated in part, and remanded.
Pyke v. Cuomo
567 F.3d 74
No. 07-0334-cv(L), 07-3524(CON)
United States Court of Appeals, Second Circuit, May 27, 2009
Subjects: Race discrimination -- New York (State); Discrimination in law enforcement -- New York (State); Equality before the law -- United States.
*Synopsis: Class of Native American anti-gambling demonstrators brought s 1983
action alleging that New York officials denied them equal protection by failing to
provide police protection on reservation. The United States District Court for the
Northern District of New York, McCurn, J., 2006 WL 3780808, granted summary
judgment to defendants. Plaintiffs appealed.
*Holding: The Court of Appeals held that:
(1) New York officials' alleged roadblock policy did not amount to an express
racial classification, and
(2) decision to notify heavily armed Native American organization before
entering reservation was not an express racial discrimination.
Affirmed.
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