James v. Kootenai County (United States District Court, D. Idaho) Plaintiffs are enrolled members of the Coeur d’Alene Tribe. After their daughter was killed in a single car crash, they contacted the county coroner’s office to object to an autopsy and take possession of the body, citing religious objections. Three days after the accident, the body was returned to the family. Family sued, alleging that the delay in obtaining their daughter’s body made them unable to observe their traditional religious burial practices. The family then filed a motion to amend their complaint, which the Court permitted in a limited scope to allow punitive damages against the coroner in his personal capacity. The District Court then dismissed the claims against the coroner in his personal capacity because he was entitled to qualified immunity, and the court dismissed the Kootenai County Coroner’s Office as an improper party to the action. Topics: Religious Practices - Burial Traditions Bad River Band of the Tribe of Chippewa Indians v. Enbridge, Inc. (United States District Court, W.D. Wisconsin) The Bad River Band of the Lake Superior Tribe of Chippewa Indians brought suit to enjoin the continued operation of Enbridge Enery’s Line 5 crude oil and liquid natural gas pipeline running through the Reservation. The suit was brought under federal common law claims of public nuisance and trespass. At summary judgement the court found that Enbridge had trespassed on the parcels owned by the band and dismissed Enbridge’s breach of contract counterclaims. This Court set forth procedures, while considering the Band’s request for injunctive relief pertaining to the public nuisance but denied relief for Enbridge on its counterclaims. Topics: Cultural Resources; Treaty Rights; Enbridge Line 5 Tanner-Brown v. Haaland (United States District Court for the District of Columbia) The Plaintiffs (an individual and the Harvest Institute Freedman Federation, LLC) filed a class action against Secretary of the Department of the Interior for breach of fiduciary duties concerning land allotted to the minor children of former slaves of the tribes. In July, the Court dismissed these claims on lack of standing grounds. In November, the Court responded to the Plaintiffs’ request to alter or amend the judgement, and to certify the action as a class action, denying both requests and finding that the Class Action Motion was moot. Topics: Land Allotments; Trust Land; Curtis Act Ute Indian Tribe of the Uintah & Ouray Reservation v. Lawrence (United States District Court, D. Utah) The Tribe, pursuant to an earlier court decision, sued to recoup attorney’s fees and costs associated with the earlier case. The Tribe then sought to reopen the judgement and amend the complaint, but the court Block v. Tule River Tribal Council (United States District Court, E.D. of California) Plaintiff brought suit against the Tribal Council, alleging violations of the ADA, and California civil rights and health and safety statutes. The Court found that the Tribal Council was immune from the suit under sovereign immunity and dismissed the case. Topics: Unruh Civil Rights Act; Sovereign Immunity; ADA Kewadin Casinos Gaming Auth. v. Draganchuk (United States District Court for the Western District of Michigan, Northern Division) Plaintiff Kewadin Casinos Gaming Authority brought suit in this federal court, seeking a TRO and preliminary injunction that would enjoin a state court, deciding a claim by Defendant developers against denied both motions. Topics: Attorney’s fees
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