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26 ILR [1] (1999)

handle is hein.amindian/indlr0026 and id is 1 raw text is: INDIAN LAW REPORTER A PUBLICATION OF THE AMERICAN INDIAN LAWYER TRAINING PROGRAM, INC. January 1999 Celebrating 26 Years of Service Volume 26, No. 1 I. I Month in Brief UNITED STATES COURTS OF APPEALS TENTH CIRCUIT Indian Civil Rights Act Sovereignty- Sovereign Immunity; Tribal Tribal Courts: Jurisdiction Tribal Law: Tribal Codes; Enrollment Affirming the district court's ruling, the Tenth Circuit holds that: (1) tribal sovereign immunity bars an action against tribal defendants for failure to enroll the petitioners; (2) the Indian Civil Rights Act does not provide for injunctive or declaratory relief against the Eastern Shoshone Tribe or its officers; and (3) the petitioners have failed to state a claim for which relief may be granted against the federal defendants. Ordinance 59 Associ- ation v. U.S. Department of the Interior, et al., No. 97-8079, 26 Indian L. Rep. 2001 (10th Cir., Dec. 1, 1998). DISTRICT OF COLUMBIA CIRCUIT Gaming: Indian Gaming Regulatory Act Settlements: Land Claims The D.C. Circuit Court of Appeals affirms the district court's grant of summary judgment in an action against the National Indian Gaming Commission brought by the Narragansett Indian Tribe challenging an amendment to the Indian Gaming Regulatory Act which provides that the laws of the State of Rhode Island shall apply on the lands that are subject to the Rhode Island Indian Land Claims Settlement Act. Narragansett Indian Tribe v. National Indian Gaming Commission, et al., No. 97-5290,26 Indian L. Rep. 2006 (D.C. Cir., Oct. 27, 1998). UNITED STATES DISTRICT COURTS DISTRICT OF CONNECTICUT Settlements: Land Claims Thst and Restricted Lands The district court holds that the Interior Secretary's decision to take certain parcels of land into trust for the benefit of the Mashantucket Pequot Tribe violates the provisions of the Con- necticut Indians Land Claims Settlement Act and permanently enjoins the Secretary from taking the parcels into trust. Con- necticut, et al. v. Babbitt, et al., Nos. 3:95CV849 (RNC) and 3:95CV1211 (RNC), 26 Indian L. Rep. 3001 (D. Conn., Dec. 15, 1998). DISTRICT OF DISTRICT OF COLUMBIA Trust Funds In an action brought by Individual Indian Money (IIM) trust account holders against the United States alleging mismanage- ment of the IIM trust accounts and an accounting, the district court: (1) denies the defendants' consolidated motion for judg- ment on the pleadings or a motion to dismiss or a motion for summary judgment on plaintiffs' demand for prospective relief and the defendants' consolidated motion to dismiss plaintiffs' claims for retrospective relief; (2) dismisses without prejudice the plaintiffs' claims for a writ of mandamus against defendants Babbitt and Gover; (3) denies defendants' motion to adopt defendants' sampling approach; and (4) denies plaintiffs'. motion to strike extraneous materials. Cobell, et al. v. Babbitt, et al., Civil No. 96-1285(RCL), 26 Indian L. Rep. 3007 (D.D.C., Nov. 5, 1998). 26 ILR 1 Copyright © 1999 by the American Indian Lawyer Training Program, Inc. Rights of redistribution or reproduction belong to the copyright owner. ISSN-0097-1154

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