Justia U.S. 8th Circuit Court of Appeals Opinion Summaries

Long, a member of the Lower Brule Sioux Tribe, operated the “OC Store,” a novelty store, on the reservation. The store had few exterior windows. BIA Officer Spargur encountered juveniles, carrying fireworks. One juvenile stated that he just bought them at the OC Store. Spargur went to the Store, was unsure whether it was closed, but concluded the store was open because of lights, music, unlocked doors, and the juveniles’ report that they had “just” purchased fireworks. Spargur entered through two unlocked doors, stopped at a third door, and “knock[ed] and announce[d] police.” Receiving no response, Spargur opened the main door, and, seeing Long’s son, entered the store. Another of Long’s sons acknowledged the juveniles had been in the store. Spargur noticed a small package on one of the concession tables that, based on his experience and training, he “recognized . . . as a package normally holding synthetic marijuana.” Once Long emerged, Spargur reminded him not to sell fireworks after Independence Day, left the store, and prepared an affidavit for a search warrant. A judge, 60 miles away, approved the warrant by telephone. Spargur and others searched the store, seizing 80 grams of synthetic marijuana. Long conditionally pled guilty to possession with intent to distribute a controlled substance, 21 U.S.C. 841(a)(1). The Eighth Circuit affirmed denial of a motion to dismiss, finding that the officers’ actions did not violate the Fourth Amendment. View "United States v. Long" on Justia Law

The indictment alleged that "within the Omaha Indian Reservation in Indian Country, [Webster], an Indian male, did knowingly engage in a sexual act with A.C., a child who had not attained the age of 12 years.” The jurisdictional statute, 18 U.S.C. 1152, provides: Except as otherwise expressly provided … the general laws of the United States … shall extend to the Indian country. This section shall not extend to offenses committed by one Indian against the person or property of another Indian, nor to any Indian ... who has been punished by the local law of the tribe. The indictment did not allege A.C. was a non-Indian or that Webster had not faced tribal punishment. At trial, Webster stipulated that he is an Indian and A.C. is a non-Indian. The court excluded references to a tribal complaint filed against Webster, which had been dismissed. Webster was convicted of aggravated sexual abuse of a child, 18 U.S.C. 2241(c). The Eighth Circuit affirmed, rejecting a challenge to the sufficiency of the evidence and upholding the decision not to admit the tribal complaint. Even if the victim’s status is an element of section 1152, the indictment’s failure to allege A.C.’s status did not render it “so defective that by no reasonable construction can it be said to charge the offense.” View "United States v. Webster" on Justia Law

A.W., 10 months old, lived with his mother, Maxwell; his father, White; and half-siblings. A.W. was developing normally. On August 30, Maxwell took a walk with the other children, returning 10 minutes later. White met them at the door and stated that A.W. was choking and that he had found a cigarette filter in A.W.’s mouth. At the hospital, A.W. seized, breathed irregularly, had unequal pupils, and had extensor posturing, which can indicate injury at the deepest part of the brain. A doctor noticed bruising, estimated to be hours old, and believed that A.W. had been “shaken.” At a Fargo medical center, doctors found a brain hemorrhage and concluded that A.W. had shaken baby syndrome. His parents raised concerns about Maxwell’s eight-year old son, J.S., who may have played a role in the death of dogs who were thrown against a tree; knocked out another child’s teeth; threw rocks at children; and had previously injured A.W. A.W. survived and was placed into a therapeutic foster home for medically fragile children. A jury found White guilty of assault resulting in serious bodily injury in Indian country, 18 U.S.C. 113(a)(6), 1151, 1153(a). The court granted White’s motion for acquittal. The Eighth Circuit reversed. The government’s case favored guilt. There was evidence about J.S., but also evidence that a reasonable jury could find to be powerful evidence of White’s guilt and evidence that J.S. did not injure A.W. on August 30. View "United States v. White" on Justia Law

Shields and Wilson are Indians with interests on the Bakken Oil Shale Formation in the Fort Berthold Reservation in North Dakota, allotted to them under the Dawes Act of 1887. Such land is held in trust by the government, but may be leased by allottees. Shields and Wilson leased oil and gas mining rights on their allotments to companies and affiliated individuals who won a sealed bid auction conducted by the Board of Indian Affairs in 2007. After the auction, the women agreed to terms with the winning bidders, the BIA approved the leases, and the winning bidders sold them for a large profit. Shields and Wilson filed a putative class action, claiming that the government had breached its fiduciary duty by approving the leases for the oil and gas mining rights, and that the bidders aided, abetted, and induced the government to breach that duty. The district court concluded that the United States was a required party which could not be joined, but without which the action could not proceed in equity and good conscience, and dismissed. The Eighth Circuit affirmed. The United States enjoys sovereign immunity for the claims and can decide itself when and where it wants to intervene. View "Two Shields v. Wilkinson." on Justia Law

The Belcourt School District operates within the Turtle Mountain Indian Reservation. The North Dakota Constitution requires that the District provide education to children who are Indians or reside on Indian reservations. The Tribe and School District have agreed to share responsibility for educating students, both Indian and non-Indian, residing on the Reservation, and entered into agreements in 2006 and 2009 that provided the District with exclusive authority to administer "day-to-day operations" at Turtle Mountain Community High School, including supervision and employment of staff. Tribe members sued, alleging defamation, excessive use of force, and multiple employment-related claims. The Tribal Court dismissed for lack of jurisdiction over the District and its employees for claims related to the employees' performance of their official duties. The Tribal Court of Appeals reversed, reasoning that the District signed the agreements, subjecting itself to Tribal jurisdiction. The federal trial court concluded that the Tribal Court had jurisdiction, based on the agreements. The Eighth Circuit reversed and held that the Tribal Court did not have jurisdiction, reasoning that the District was clearly acting in its official capacity, in furtherance of its obligations under the state constitution, when it entered into the agreements, View "Belcourt Pub. Sch. Dist. v. Davis" on Justia Law

Fort Yates School District operates within the Standing Rock Indian Reservation. The North Dakota Constitution requires that the District provide education to children who are Indians or reside on reservations. In 2003, the District and the Tribe entered into an Agreement, providing that both the Standing Rock and the Fort Yates School Boards would govern the school system; that all property or equipment purchased under the Agreement would generally be joint property; and that it "neither diminishes nor expands rights or protections afforded … under tribal, state or federal law." After a fight between two students, A. was suspended and C. obtained a restraining order against A. A. allegedly violated the restraining order by verbally harassing C. at school. The school suspended A. for 10 additional days. Murphy sued on behalf of her daughter, C., a Tribe member, in the Tribal Court, which held that it had jurisdiction. The District did not appeal to the Standing Rock Supreme Court, but filed suit in federal court against Murphy and the Tribal Court. The district court dismissed and remanded to the Tribal Court. The Eighth Circuit reversed with respect to Tribal Court jurisdiction, but affirmed dismissal of the Tribal Court on sovereign immunity grounds. View "Fort Yates Pub. Sch. Dist. v. Murphy" on Justia Law

The Fond du Luth Casino in Duluth opened in 1986 as a joint venture between the city and the Fond du Lac Band of Lake Superior Chippewa and is operated by the Band. The 1988 Indian Gaming Regulatory Act led to restructuring of agreements between the Band and the city under a 1994 consent decree, under which the Band paid the city $75 million 1994-2009, 19 percent of gross revenues. The Band stopped making payments in 2009, believing that they violated IGRA as interpreted by the National Indian Gaming Commission. In 2011, the Gaming Commission issued a Notice of Violation, determining that the payments violated IGRA requirements that tribes have the sole proprietary interest in casinos and are their primary beneficiaries. The Commission ordered the Band not to resume payments. The Band sought relief under FRCP 60(b)(6) from payments in 2009-2011. The district court denied relief. The Eighth Circuit remanded and again reversed and remanded, finding that the district court failed to consider all of the factors identified in its 2013 order. The court must give proper weight to the congressional intent that tribes be the primary beneficiaries of Indian gaming and the fact that the city was on notice in 2009 of Gaming Commission policies. View "Duluth v. Fond Du Lac Band of Lake Superior Chippewa" on Justia Law

Based on an incident between Fire Cloud, an Indian, and his friend’s girlfriend, that occurred in his home on Indian land, Fire Cloud was charged with aggravated sexual abuse by force (Count I) and attempted aggravated sexual abuse, 18 U.S.C. 2241(a). He requested the district court instruct the jury regarding a lesser-included offense, abusive sexual contact, with respect to Count I, 18 U.S.C. 2244(a)(1). On Count I, the jury found him guilty of the lesser-included offense of abusive sexual contact. On Count II, the jury found him guilty of attempted aggravated sexual abuse. The Eighth Circuit affirmed, finding that the evidence taken in the light most favorable to the verdict and reasonable inferences drawn from that evidence demonstrate that a reasonable jury could have found Fire Cloud guilty for both offense. View "United States v. Fire Cloud" on Justia Law

Misquadace pleaded guilty to failure to pay child support, 18 U.S.C. 228(a)(3). He was sentenced to five years’ probation and $54,613.12 in restitution. In 2013, he admitted failing to assign his tribal gaming per capita payment to the South Dakota Department of Social Services in violation of his probation conditions. Misquadace remained on probation and was ordered to pay $200 per month toward his outstanding child-support balance. The condition that he assign his per capita payment was eliminated. Weeks later, a second petition alleged failure to report a change of residence. At his revocation hearing, Misquadace admitted the violation. His probation was revoked. He explained that he had been homeless because of his alcohol addiction but had joined a new church, obtained housing, and was attempting to get his life back in order for the benefit of his children. Misquadace’s violation was a Grade C offense, and his advisory sentencing range was 8 to 14 months’ imprisonment. The district court imposed the statutory maximum of 24 months’ imprisonment and 1 year of supervised release, and reduced the amount of restitution owed to $53,716. The Eighth Circuit affirmed, finding that the court properly weighed the sentencing factors. View "United States v. Misquadace" on Justia Law

Brown, Reyes, Lyons, and Tibbetts were indicted under the Lacey Act which makes it unlawful to "sell . . . any fish . . . taken, possessed, transported, or sold in violation of . . . any Indian tribal law." 16 U.S.C. 3372(a)(1). The indictments alleged that they had netted fish for commercial purposes within the boundaries of the Leech Lake Reservation in violation of the Leech Lake Conservation Code, then sold the fish. The four are Chippewa Indians, and they moved to dismiss the indictments on the ground that their prosecution violates fishing rights reserved under the 1837 Treaty between the United States and the Chippewa. The district court granted the motions. The Eighth Circuit affirmed, holding that the historic fishing rights of the Chippewa Indians bar the prosecution for taking fish within the Leech Lake Reservation. View "United States v. Brown" on Justia Law