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17 ILR [1] (1990)

handle is hein.amindian/indlr0017 and id is 1 raw text is: January 1990 Volume 17, No. 1 Mont/i-in-Brief UNITED STATES COURTS OF APPEALS Jurisdiction, Federal Court: Federal Question, Tribes Sovereignty The Ninth Circuit reverses the trial court's dismissal of a case involving the enforcement of an ordinance of the Alaska Native Village of Tyonek, holding that the issue of whether the village ordinance can be applied against nonmembers of the village is a federal question because the claim involves the power of the village under federal law to enact its ordinance and apply it to non-Indians. Native Villa ,e of Tyonek v. Puckett, et al., No. 87-3569, 17 Indian L. Rep. 2001 (9th Cir., Aug. 11, 1989). Housing The Federal Circuit affirms the decision of the Department of Housing and Urban Development Board of Contract Appeals which dismissed, for lack of jurisdiction, a claim against the Department based upon an alleged default in a contract between an Indian housing authority and the appel- lant contractor. New Era Construction v. United States, No. 89-1234, 17 Indian L. Rep. 2008 (Fed. Cir., Nov. 29, 1989). Attorneys: Fees and Expenses The Ninth Circuit vacates the district court's denial of attorney's fees and remands for a determination of whether the government's position was substantially justified or spe- cial circumstances wou'd make an award unjust, holding that the plaintiffs are entitled to fees under section 2412(d)(1)(A) of the Equal Access to Justice Act. Ramon, et al. v. Soto, et al., No. 88-2690, 17 Indian L. Rep. 2011 (9th Cir., Nov. 15, 1989). 17 r, UNITED STATES bISTRICT COURTS Federal Benefits, Entitlement To: Health The district court denies the state of Arizona's motion for summary judgment and the Indian Health Service's (IHS) motion for summary judgipent, finding that IHS's assertion of a lo. ,-standing opposition to the provision of health care to Nrtive Americans by Arizona raises an issue of material fact as to whether there is a discriminatory purpose behind the discriminatory impact resulting from application of the state's residuality statute to Native Americans living on reser- vations. Arizona, et al. v. United States, et al., No. CIV 86- 1105 PHX CLH, 17 Indian L. Rep. 3001 (D. Ariz., Nov. 17, 1989). Criminal Jurisdiction Gaming: Indian Gaming Regulatory Act The district court denies each of defendants' motions chal- lenging the constitutionality of the Indian Gaming Regulatory Act, the criminal jurisdiction of federal courts over activiti6s which are the subject of the indictments against defendants, the preemption of 18 U.S.C. § 1955 by the enactment of the Indian Gaming Regulatory Act, the provision of New York law which are used to constitute the necessary element required by 18 U.S.C. § 1955 for indictnient, the constitution- ality of 15 U.S.C. §§ 1175 and 1176, and the designation of the St. Regis Mohawk Indian Reservation as Indian Country. United States v. Burns, et al., Nos. 89-CR-146-151, 89-CR- 153, 89-CR-154, 17 Indian L. Rep. 3003 (N.D.N.Y., Nov. 15, 1989). 17 ILR 1 Copyright © 1990 by the American Indian Lawyer Training Program, Inc. Rights of redistribution or reproduction belong to copyright owner. ISSN-0097-1154 P_ I INDIAN LAW REPORTER A PUIILICATION OF THE AMERICAN INDIAN LAWYER TRAINING PROGRAM, INC.

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