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31 ILR 1 (2004)

handle is hein.amindian/indlr0031 and id is 1 raw text is: INDIAN LAW REPORTER A PUBLICATION OF THE AMERICAN INDIAN LAWYER TRAINING PROGRAM, INC January 2004 Celebrating 31 Years of Service Volume 31, No. 1 Month in Brief UNITED STATES COURTS OF APPEALS SECOND CIRCUIT Grave Protection: Native American Graves Protection and Repatriation Act The Second Circuit affirms the district court's grant of sum- mary iudgment for defendants holding that the plaintiff-appel- lant failed to show he had standing to bring a claim under the Native American Graves Protection and Repatriation Act arising out of the alleged desecration of burial sites located in Hamp- ton Corners, Groveland, New York. Jacobs, et al. v. Pataki, et at., No. J2-7291, unpublished, 31 Indian L. Rep. 2001 (2d Cir., June 18,2j)03) EIGHTH CIRCUIT Ganii. Indian Gaming Regulatory Act The Eighth Circuit finds that the Indian Gaming Regulatory Act. 25 U.S.C. § 2701 et seq. (IGRA) does not repeal the John- son Act, 15 U.S.C. § 1171 et seq., and concludes that because the Lucky Tab II machines operated by the Santee Sioux Tribe are not prohibited Johnson Act gambling devices and are not pro- hibited facsimiles under 25 U.S.C. § 2703(7) of IGRA, the Tribe is not conducting class III gaming in contravention of the fed- eral court's prior order and thus affirms the district court's judg- ment. United States v. Santee Sioux Tribe of Nebraska, No. 02- 1503,31 Indian L Rep. 2001 (8th Cir., Mar. 20,2003). NINTH CIRCUIT Hunting, Fishing, Trapping and Gathering Rights Treaties with United States The Ninth Circuit affirms the district court's grant of sum- mary judgment for defendants finding that the plaintiff failed to plead facts sufficient to establish that the Snoqualmoo Tribe has rights under the Point Elliott Treaty or to support a claim that an Island County Commissioner was involved in any violation of plaintiffs rights. Posenjak v. Department of Fish & Wildlife of the State of Washington, et al., No. 02-35737, unpublished, 31 Indiau L. Rep. 2005 (9th Cir., Aug. 20,2003). TENTH CIRCUIT Allotments Trust and Restricted Lands The Tenth Circuit affirms the district court's grant of-summary judgment for defendants in an action in which the personal rep- resentative of her deceased husband's estate sought a declara- tion that the estate was the equitable owner of two tracts of restricted Indian lands to which the parents of the deceased hold legal title. In the Matter of the Estate of Bruner, Bruner v. Bruner, et al., No. 02-5084, 31 Indian L. Rep. 2006 (10th Cir., Aug. 8,2003). Federal Benefits, Entitlement to Sovereignty: Sovereign Immunity, Tribal Tribes: Recognition by United States In an action brought by the Dosar Barkus and Bruner Bands of the Seminole Nation of Oklahoma against the United States challenging denial of benefits provided to other members of the tribe, the Tenth Circuit holds that the district court did not err in dismissing the action for failure to join the Seminole Nation as an indispensable party, and affirms the district court's conclu- sion that it lacked jurisdiction over the plaintiffs' claims that the Bureau of Indian Affairs improperly refused to issue Certifi- cates of Degree of Indian Blood to the members of the plaintiff bands because plaintiffs failed to exhaust their administrative remedies. Davis, et al. v. United States, et al., No. 02-6198, 31 Indian L. Rep. 2008 (10th Cir., Sept. 10, 2003). UNITED STATES DISTRICT COURTS DISTRICT OF KANSAS Tribal Law. Tribal Codes; Motor VehidefErffic The district court denies the defendant's motion to recon- sider in an action in which the Prairie Band of Potawatomi Indi- ans sought declaratory and injunctive relief seeking to have tribal motor vehicle registration and titles recognized by the State of Kansas. Prairie Band of Potawatomi Indians v. Wagnon, et al., No. 99-4136-JAR, 31 Indian L. Rep. 3001 (D. Kan., Oct. 8, 2003). 31 ILR 1 Copyright © 2004 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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