About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

15 ILR [1] (1988)

handle is hein.amindian/indlr0015 and id is 1 raw text is: INDIAN LAW REPORTER A PUBLICATION OF THE AMERICAN INDIAN LAWYFP TRAINING PROGRAM, INC. Volume 15, No. 1 I Month-in-Brief UNITED STATES COURTS OF APPEALS Timber Trust Funds: Accounting The Eighth Circuit reverses the district court's dismissal and order of return of tiansferred funds to the sawmill account of the Red Lake Band of Chippewa Indians and remands to the district court to determine whether a sawmill can be operated, or any forestry or land management projects could be undertaken, to the benefit of the band. The court further directs that if no forestry or land management pro- jects would benefit the band, the funds be transferred to the band's general account to be used for the band's general wel- fare in accordance with 25 U.S.C. § 155. Red Lake Band of Chippewa Indians, et al. v. Barlow, et al., No. 85-5272, 15 Indian L. Rep. 2001 (8th Cir., Dec. 9, 1987). Indian Civil Rights Act: Jurisdiction in Federal Courts Tribal Law: Elections The Tenth Circuit affirms the district court's dismissal of appellants' claims under the Indian Civil Rights Act and their individual claims under 42 U.S.C. § 1985(3) relating to the 1982 tribal election of the Cherokee Nation. Wheeler, et al. v. Swimmer, et al., No. 85-2164, 15 Indian L. Rep. 2004 (10th Cir., Dec. 16, 1987). UNITED STATES DISTRICT COURTS Jurisdiction, Federal Court: Diversity of Citizenship UNITED STATES CLAIMS COURT Claims Court Treaties with United States: Claims Against Federal Govern- ment Under The Claims Court dismisses a suit by Navajo Indians which alleges that the United States violated article I of the Navajo Treaty of 1868 by failing to reimburse plaintiffs for their injuries caused by a Bureau of Indian Affairs teacher who allegedly sexually molested the minor plaintiffs. The court rules that because plaintiffs have pending i!. district court a claim against the United States brought under the Federal Tort Claims Act which arises out of the same 'acts as their Claims Court action, 28 U.S.C. § 1500 bars the Claims Court from exercising jurisdiction over plaintiffs' treaty claim. Benally, et al. v. United States, No. 490-87L, 15 Indian L. Rep. 4001 (Cl. Ct., Nov. 25, 1987). STATE COURTS Criminal Jurisdiction: Extradition Local Laws and Ordinances The Arizona Court of Appeals holds that the trial court improperly suppressed physical evidence and that the good faith exception to the krizona statutory exclusionary rule is applicable to the mistake of a BIA police officer when trans- ferring custody of a tribal member to the state police for prosecution of crimes committed off-reservation. Arizona v. Nahee, No. 1 CA-CR 10169, 15 Indian L. Rep. 5001 (Ariz. Ct. App., Aug. 20, 1987). Tribal Courts: Jurisdiction The district court denies plaintiff's application for default judgment and dismisses the action without prejudic so that plaintiff may exhaust his remedies in tribal court before seek- ing the diversity jurisdiction of the federal court and so that the tribal court may determine whether the Yankton Sioux Tribe unequivocally waived its sovereign immunity from suit when it signed a promissory note in acknowledgement of its debt for the purchase of oil and gas products. Palmer v. Yankton Sioux Tribe, et al., No. CIV 86-4097, 15 Indian L. Rep. 3001 (D.S.D., Dec. 14, 1987). 15 ILR 1 Copyright © 1988 by the American Indipit .awyer Training Program, Inc. Rights of redistribution or reproduction belong to copyright owner. ISSN-0097-1154 January 1988

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most