Litigation

Title: In the United States Court of Appeals for the Ninth Circuit: nos. 74-2438, 74-2705, 74-2602: United States of America, plaintiff, Muckleshoot Indian Tribe, Squaxin Island Tribe of Indians, Sauk-Suiattle Indian Tribe, Skokomish Indian Tribe, Stillaguamish Tribe of Indians, Quinault Tribe of Indians, Makah Indian Tribe, Lummi Indian Tribe, Quileute Indian Tribe, Hoh Tribe of Indians, Confederated Tribes and Bands of the Yakima Indian Nation, Upper Skagit River Tribe, Nisqually Indian Community of the Nisqually Reservation, and Puyallup Tribe of the Puyallup Reservation, intervenor-plaintiffs-appellants, v. State of Washington, defendant-appellee, Thor C. Tollefson, director, Washington State Department of Fisheries; Carl Crouse, director, Washington Department of Game; and Washington State Game Commission, intervenor-defendants-appellees : on appeal from the United States District Court for the Western District of Washington: appellants' reply brief
Summary: Case summary: Tribes are entitled to continued access to traditional off-reservation fishing grounds, one-half total run of fish, and may regulate their members' fishing, while state may regulate Indian fishing rights only if necessary for conservation and if run cannot otherwise be preserved.
Year: 1974
Type: Litigation
Publisher: [Native American Rights Fund?]
Place: [Boulder, Colo.?]

Title: United States of America; Muckleshoot Indian Tribe, et al., plaintiffs, vs. State of Washington; Thor C. Tollefson, Director, Washington State Department of Fisheries, et al., defendants: civil no. 9213: plaintiffs' post-trial brief
Summary: The District Court denied Indian plaintiffs motion for attorney fees holding the Eleventh Amendment precluded the award of attorney fees against the state defendants. Decision rendered by Judge George Hugo Boldt of the United States District Court for the Western District of Washington.
Year: 1973
Type: Litigation

Title: In the United States Court of Appeals for the Second Circuit: no. 72-1029: the Oneida Indian Nation of New York State, also known as the Oneida Nation of New York, also known as the Oneida Indians of New York, and the Oneida Indian Nation of Wisconsin, also known as the Oneida Tribe of Indians of Wisconsin, Inc., appellants, v. the County of Oneida, New York, and the County of Madison, New York, appellees: motion for leave to file brief as amicus curiae and brief of amicus curiae
Summary: Case summary: Action by the Oneida Indian Nations of New York State and Wisconsin challenging sale of tribal lands as violating Indian treaties and the Indian Non-Intercourse Act. The Court of Appeals affirmed dismissal for lack of federal question jurisdiction.
Year: 1972
Type: Litigation
Publisher: [Native American Rights Fund?]
Place: [Boulder, Colo.?]

Title: United States of America, et al, plaintiffs, vs. State of Washington, et al, defendants: civ. no. 9213: pretrial brief
Year: 1973
Type: Litigation
Publisher: [Native American Rights Fund?]
Place: [Boulder, Colo.?]

Title: Ammoneta Sequoyah, Richard Crowe, Gilliam Jackson, individually and representing other Cherokee Indians similarly situated; the Eastern Band of Cherokee Indians; and the United Ketooah Band of Cherokee Indians, appellants, v. Tennessee Valley Authority, appellee: no. 79-1633
Summary: Case summary: Indians' suit to prevent flooding of sacred sites by Tellico Dam is dismissed because of failure to prove centrality or indispensability of Little Tennessee River Valley to Cherokee religion.
Year: 1980
Type: Litigation
Publisher: West Pub. Co.
Place: St. Paul

Title: Alex Scholder, individually and on behalf of others similarly situated, Pala Band of Mission Indians and Rincon Band of Mission Indians, individually and on behalf of others similarly situated, appellants, v. United States of America, Department of the Interior, Bureau of Indian Affairs, Stewart L. Udall, Secretary of the Interior, Robert L. Bennett, Commissioner, Bureau of Indian Affairs, William E. Finale, Director, Sacramento Office, Bureau of Indian Affairs, and Jess T. Town, Field Representative, Riverside, California area field office, Bureau of Indian Affairs, appellees: no. 24306
Summary: Case summary: Class action suit brought by individual Indians and Indian bands to stop the Secretary of the Interior and the Bureau of Indian Affairs from spending Pala Indian Irrigation Project funds for the benefit of a non-Indian owner of land situated within the Indian irrigation district. The Court of Appeals affirmed in part and reversed in part the District Court's holding regarding spending of Indian irrigation project funds for benefit of non-Indian land owner within the project. The Court of Appeals reaffirmed the expenditure by the Secretary of Interior and Bureau of Indian Affairs was not an unconstitutional taking under applicable federal laws and remanded the Indian's claim as to the validity of reimbursement charges.
Year: 1970
Type: Litigation
Publisher: West Pub. Co.
Place: St. Paul

Title: No. 71-1927: in the United States Court of Appeals for the Ninth Circuit: Rincon Band of Mission Indians, appellants, v. County of San Diego, et al., appellees: appeal from the United States District Court for the Southern District of California: motion for leave to file brief as amicus curiae and brief of Native American Rights Fund, as amicus curiae
Summary: Case summary: Suit for declaration that county gambling ordinance is inapplicable to reservation land is dismissed because case presented no actual controversy between Indians and county.
Year: 1972
Type: Litigation
Publisher: [Native American Rights Fund?]
Place: [Boulder, Colo.?]

Title: L.V. Knudson, petitioner, v. The Superior Court of San Diego County, respondent; Dewey H. Bandy et al., real parties in interest: civ. no. 9370
Summary: Case summary: Petitioner filed a writ of mandate to require the appellate department of the Superior Court of San Diego County to hear and rule on appeals by petitioner from judgments issued in the absence of petitioner and his counsel. The Court of Appeal held the appeals were timely filed under Rule 123(b) of the California Rules of Court and the Superior Court's motion to dismiss the appeals due to untimely filing was improper.
Year: 1968
Type: Litigation

Title: United States et al., plaintiffs, v. State of Washington et al., defendants: civ. no. 9213
Summary: Case summary: The District Court denied Indian plaintiffs motion for attorney fees holding the Eleventh Amendment precluded the award of attorney fees against the state defendants. Decision rendered by Judge George Hugo Boldt of the United States District Court for the Western District of Washington.
Year: 1974
Type: Litigation
Publisher: West Pub. Co.
Place: St. Paul

Title: United States of America, plaintiff, Quinault Tribe of Indians on its own behalf and on behalf of the Queets Band of Indians, et al., intervenor-plaintiffs, v. State of Washington, defendant, Thor C. Tollefson, Director, Washington State Department of Fisheries, et al., intervenor-defendants: civil no. 9213: motion for attorneys' fees and other expenses
Summary: Case summary: The District Court denied Indian plaintiffs motion for attorney fees holding the Eleventh Amendment precluded the award of attorney fees against the state defendants. Decision rendered by Judge George Hugo Boldt of the United States District Court for the Western District of Washington.
Year: 1974
Type: Litigation
Publisher: [Native American Rights Fund?]
Place: [Boulder, Colo.?]

Title: In the Supreme Court of the United States, October term, 1973: Rogers C.B. Morton, Secretary of the Interior, petitioner v. Ramon Ruiz and Anita Ruiz, respondents: on writ of certiorari to the United States Court of Appeals for the Ninth Circuit: brief of amicus curiae, Native American Rights Fund
Summary: Case summary: BIA benefits under the Snyder Act cannot be denied to Indians living in Indian community near native reservation who maintain close ties with reservation and who have not been assimilated into general society.
Year: 1973
Type: Litigation
Publisher: Byron S. Adams Printing
Place: Washington, D.C.

Title: United States Court of Appeals for the District of Columbia Circuit: no. 73-2184 : Pyramid Lake Paiute Tribe of Indians, appellee, v. Rogers C.B. Morton, Secretary of the Interior, appellant: appeal from the United States District Court for the District of Columbia: brief of appellee
Summary: Case summary: Secretary of the Interior violated his fiduciary obligations to the Pyramid Lake Paiute Tribe by failing to minimize diversions from river feeding reservation lake, which resulted in continued diminishment of the lake and its fisheries. However, the tribe was not entitled to award of attorneys' fees.
Year: 1974
Type: Litigation
Publisher: [Native American Rights Fund?]
Place: [Boulder, Colo.?]

Title: In the United States Court of Appeals for the Ninth Circuit: nos. 81-4084, 81-4116: United States of America, appellant and cross-appellee v. Alpine Land & Reservoir Co., et al., appellees and cross-appellants: motion for leave to file brief as amici curiae and brief for amici curiae : Environmental Defense Fund and Sierra Club / Charles F. Wilkinson, counsel for Amici Curiae
Summary: Case summary: Court denies tribe's motion to intervene in action by the government to quiet title to rights to water for a federal reclamation project, and court later holds that water rights of federal reclamation project are not limited by virtue of state law or contracts between Secretary of Interior and project water users.
Year: 1981
Type: Litigation
Publisher: [University of Oregon, School of Law?]
Place: [Eugene, Oregon?]

Title: United States of America, petitioner v. Archie L. Mason, et al., respondents: brief of Native American Rights Fund as amicus curiae in support of respondents
Summary: Case summary: The United States did not breach its fiduciary duty as trustee of Indian property by paying the Oklahoma inheritance tax assessed against the estate of decedent, a restricted Osage Indian.
Year: 1972
Type: Litigation
Publisher: Press of B.S. Adams Printing
Place: Washington

Title: In the Supreme Court of the United States, October term, 1971, no. 71-183: the Agua Caliente Band of Mission Indians, by and through its tribal council, and Dora Joyce Prieto, Priscilla Gonzales, Gloria Gillettee, Patrick Patencio and Lawrence Pierce, allottees, individually and in class action, on behalf of all allottees of allotted land on the Agua Caliente Band of Mission Indians reservation, petitioners, v. The County of Riverside, a political subdivision of the state of California, respondents: brief of Native American Rights Fund, California Indian Legal Services, Dinebeiina Nahiilna be Agaditahe, as amici curiae in support of the petition for a writ of certiorari to the United States Court of Appeals for the Ninth Circuit
Summary: Case summary: Possessory interest tax could be imposed on lesses of Indian land absent legislation demonstrating a congressional purpose to forbid imposition of tax.
Year: 1971
Type: Litigation
Publisher: Bradford Printing
Place: Denver, Colo.

Title: United States of America Federal Power Commission: Escondido Mutual Water Company, project no. 176: Secretary of the Interior acting in his capacity as trustee for the Rincon, La Jolla, and San Pasqual Bands of Mission Indians v. Escondido Mutual Water Company and City of Escondido, California, docket no. E-7562: Vista Irrigation District, docket no. E-7655: brief of the La Jolla, Rincon, San Pasqual, Pauma and Pala Bands of Mission Indians and the Department of the Interior in support of the Bands' petition to declare certain uses of the project works in violation of the license for project no. 176
Summary: Case Summary: Federal Power Commission hearing in which Indians claim that Federal Power Commission license to water company affecting tribal water rights is legally and economically invalid.
Year: 1974
Type: Litigation

Title: Pyramid Lake Paiute Tribe of Indians v. Rogers C. Morton, Secretary of the Interior, appellant: no. 73-2184
Summary: Case summary: Secretary of the Interior violated his fiduciary obligations to the Pyramid Lake Paiute Tribe by failing to minimize diversions from river feeding reservation lake, which resulted in continued diminishment of the lake and its fisheries. However, the tribe was not entitled to award of attorneys' fees.
Year: 1974
Type: Litigation
Publisher: West Pub. Co.
Place: St. Paul