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Tuesday, October 7, 2003

The U.S. Supreme Court kicked off its October 2003 term on Monday by rejecting a handful of Indian law and related cases. Here's a rundown of the court's activity.

Indian Health Service
The justices rejected an appeal by the family of a Navajo man who died after being misdiagnosed by the Indian Health Service (IHS).

Hardy Haceesa went to an IHS facility on the Navajo Nation complaining of symptoms associated with the hantavirus, a deadly disease that was known to kill Navajos. But instead of being treated, he was sent home and, after seeking further treatment, he died on April 28, 1998.

Haceesa's widow and estate won a $2.1 million judgment against IHS at the district court. But the 10th Circuit Court of Appeals in a unanimous decision last October reversed, saying it limited by New Mexico's $600,000 cap on damage awards. The estate's claim was dismissed as untimely.

Lower Court Ruling:
Haceesa v. United States (10/24)

Relevant Documents:
No. 02-1640 (Supreme Court)

Related Stories:
Appeals court limits IHS malpractice award (October 28, 2002)

Indian Gaming
The Supreme Court also rejected an appeal by the Alabama-Coushatta Tribe of Texas, whose casino was shut down by a federal judge.

The state has successfully argued that Class III gaming is not allowed due to a federal law that subjects the reservation to state jurisdiction and includes a promise by the tribe not to enter into gaming. The 5th Circuit Court of Appeals has refused to consider the tribe's arguments.

Lower Court Ruling:
Alabama-Coushatta v. Texas (June 25, 2002)

Relevant Documents:
Docket Sheet: No. 03-270 (Supreme Court)

Related Stories:
Alabama-Coushatta Tribe shuts down casino (07/26)

Taxation
Without comment, the justices let stand a September 2002 ruling that requires tribal members to pay federal heavy vehicle and diesel fuel taxes.

Kip R. Ramsey, a member of the Yakama Nation of Washington who owns a logging company, paid $500,000 in taxes to the Internal Revenue Service. He asked for a refund, arguing that he is protected by an 1855 treaty. But in a unanimous opinion, a three-judge panel of the 9th Circuit Court of Appeals rejected his claim.

Lower Court Ruling:
Ramsey v. U.S., No. 01-35014 (September 11, 2002)

Relevant Documents:
Docket Sheet: No. 02-1547 (Supreme Court)

Related Stories:
Court: Tribal members must pay federal tax (September 12, 2002)

Treaty Rights
The justices yesterday rejected an appeal by a woman who challenged the state of Montana's ban on non-Indian hunting on the state's reservations.

Sandra Shook pleaded guilty to killing a whitetail buck on private property within the Flathead Reservation but said the state's regulations violated the U.S. Constitution. The Montana Supreme Court disagreed, holding that tribal treaty rights provided a legal basis to deny non-Indian hunters.

Shook was represented by Mountain States Legal Foundation, a group that is challenging federal protections of sacred sites. The Confederated Salish and Kootenai Tribes filed an amicus brief in support of Montana.

Lower Court Ruling:
State v. Shook, No. 99-608 (December 30, 2002)

Relevant Documents:
Docket Sheet: No. 02-1658 (Supreme Court)
Case Documents: State v. Shook (State Law Library of Montana)

Self-Determination
The Supreme Court did not act on one pending case. The Cherokee Nation of Oklahoma and the Shoshone-Paiute Tribe of Nevada are challenging the way the federal government funds self-determination contracts.

The tribes lost a decision at the 10th Circuit Court of Appeals in February 2002. But this past July, the Federal Circuit Court of Appeals said the Cherokee Nation should be awarded extra funding.

The Department of Justice notified the Supreme Court of the related case in July. Supplemental briefs were filed by the tribes and the Department of Health and Human Services.

Lower Court Rulings:
Fed Circuit: Thompson v. Cherokee Nation (July 3, 2003)
9th Circuit: Cherokee Nation v. Thompson, No. 01-7106 (February 1, 2002)

Relevant Documents:
Docket Sheet: No. 02-1472 (Supreme Court)

Related Stories:
Court rules tribe owed self-determination funds (July 7, 2003)
Court rebuffs tribes on contract funding dispute (November 27, 2002)

Supreme Court Roundup July 2003:
Supreme Court docket shaping up

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