CASE ANALYSIS

Flute v. United States, 808 F.3d 1234 (10th Cir. 2015)

The case of Flute v. United States arose due to an unprovoked attack by the United States Army on a group of unarmed Indians in 1864.  This attack later became known as the Sand Creek Massacre since it resulted in the deaths of many Indians, including women and children.  After the attack, the United States government publicly acknowledged its role in the attack and agreed to pay reparations to survivors of the massacre, but these reparations were never paid.

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United States v. Rainbow, No. 15-1936 (8th Cir. Feb. 19, 2016)

Christopher and Jordan Rainbow were charged with “assault to commit murder, assault with a dangerous weapon, and assault resulting in serious bodily injury,” and with assaulting Sophia Bear Stops, both “individually” and “by aiding and abetting.”  To convict the men on each count, the government had to prove the two men were “Indians” and the “offense occurred within Indian Country.”  See PDF for complete summary.

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United States v. Zepeda, 10-10131, 2013 WL 5273093 (9th Cir. Sept. 19, 2013).

In United States v. Zepeda, the defendant drove to the victim’s home on the Ak-Chin Reservation in Arizona, and opened fire on the people within.  He seriously injured one person, and was charged and convicted of conspiracy to commit assault, assault with a deadly weapon, and use of a firearm during a crime of violence.  The defendant was alleged to be an “Indian” in the indictment. See PDF for complete summary.

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Alto v. Black, ---F.3d --- , 13 Cal. Daily Op. Serv. 13, 995, WL 6813816 (9th Cir.) (2013).

In Alto v. Black, the 9th Circuit held that an appeal from the Bureau of Indian Affairs’ (hereinafter “BIA”) decision regarding membership was reviewable under the APA, and that the tribe was not a necessary party to the suit because of their delegation of final membership determination to the BIA.  See PDF for complete summary

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Akiachak Native Community v. Salazar, 953 F. Supp.2d 195 (D.C.C. March 31, 2013).

In Akiachak Native Community v.

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