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35 ILR 1 (2008)

handle is hein.amindian/indlr0035 and id is 1 raw text is: INDIAN LAW REPORTER A PUBLICATION OF THE AMERICAN INDIAN LAWYER TRAINING PROGRAM, INC. January 2008 Celebrating 35 Years of Service Volume 35, No. 1 Month in Brief UNITED STATES COURTS OF APPEALS NINTH CIRCUIT Sovereignty. Sovereign Immunity, Tribal Tribal Membership The U.S. Court of Appeals for the Ninth Circuit affirms the district court's dismissal of an action by individuals who unsuc- cessfully petitioned the Table Mountain Tribal Council to admit them as tribal members of the Table Mountain Rancheria on grounds that the district court lacks subject matter jurisdiction over the action even if Table Mountain is not immune from suit. Alvarado, et al. v. Table Mountain Rancheria, et al., No. 06- 15351,35 Indian L. Rep. 2001 (9th Cir., Nov. 29,2007). Civil Rights Native Hawaiians The U.S. Court of Appeals for the Ninth Circuit grants the State of Hawaii's motion to intervene in an action under 42 U.S.C. § 1983 in which the court earlier held that individual Native Hawaiians as defined under the Hawaiian Homes Com- mission Act have standing to bring suit under § 1983 to ensure that trust funds are dedicated to the betterment of the condi- tions of Native Hawaiians as required by the Hawaii Admission Act, and allows the State to file petitions for a panel rehearing and a rehearing en banc by the Ninth Circuit. Day, et al. v. Apo- liona, et al., No. 06-16625,35 Indian L. Rep. 2005 (9th Cir., Oct. 11,2007). TENTH CIRCUIT Claims against United States: Federal Tort Claims Act In a wrongful death action against the Indian Health Service, the U.S. Court of Appeals for the Tenth Circuit certifies the question to the Oklahoma Supreme Court asking the Court to provide guidance on whether, as of September 1-2, 2003, the Oklahoma Wrongful Death Statute, Okla. Stat. tit. 12 § 1053 afforded a cause of action for the wrongful death of a nonviable stillborn fetus. Pino, et al. v. United States, No. 06-7108, 35 Indian L. Rep. 2006 (10th Cir., Oct. 29, 2007). UNITED STATES DISTRICT COURTS EASTERN DISTRICT OF CALIFORNIA Civil Rights: Native American Prisoners' Rights; Religion The U.S. District Court for the Eastern District of California holds that a Native American inmate has failed to allege how changes in the prison's devotional schedule are discriminatory or deny Native American inmates their right to practice their religion, and dismisses the complaint with leave to amend. Walkinhawk v. Long, et al., No. CIV S-07-0905 RRB EFB P, 35 Indian L. Rep. 3001 (E.D. Cal., Aug. 14,2007). DISTRICT OF DISTRICT OF COLUMBIA Federal Acknowledgment The U.S. District Court for the District of Columbia grants Wilton Miwok's motion to intervene and the motion to transfer venue to the U.S. District Court for the Northern District of Cal- ifornia, in an action seeking the restoration of the Me-Wuk Indian Community of the Wilton Rancheria to federally-recog- nized status. Me-Wuk Indian Community of the Wilton Ranch- ella v. Kempthorne, Civil Action No. 07-412 (RCL), 35 Indian L. Rep. 3002 (D.D.C., Oct. 24,2007). DISTRICT OF IDAHO Civil Rights: Native American Prisoners' Rights Customs, Traditions and Culture: Religion In a religious freedom action brought by a Native American prison inmate, the U.S. District Court for the District of Idaho denies the defendants' motion for reconsideration, refuses to amend its order of dismissal and judgment, and grants the plain- tiff's request to continue determination of attorneys fees claims until the court rules on the motion to substitute party following the plaintiff's death. Smith v. Beaudair, et al., No. CV03-222-C- EJL, 35 Indian L. Rep. 3005 (D. Idaho, Sept. 27, 2007). 35 ILR 1 Copyright © 2008 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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