- December Document Site 2011
- Documents Site
- HISTORY OF PROPOSED PROJECT AND HOW IT WILL AFFECT YOU
- Take Action
- Grant Information
- Thurton County Commisioners
- Nisqually Off Reservation properties and News
- Attorney Bricklin & Newman LLP
- Nisqually Tribe Wastewater Treatment Facility
- Calendar of Events
Thursday, December 22, 2011
Dear Ms. Entenman,
Thank you for taking the time to meet with us December 19, 2011. Mr. , Mr. and I appreciated the time and effort you and your staff have taken to compile information regarding the proposed Nisqually Regional Jail in Olympia, Washington.
We are requesting further assistance from Congressman Adam Smith and his staff regarding this project. This letter is a formal written request to Congressman Smith asking him to stop construction of this facility. Congressman Smith was involved in the initial land transfer to the Nisqually Indian Tribe where the proposed jail is being considered. We hope that Congressman Smith will take an active role and look into this proposed project and how there are several things on a local, state and federal level that can be done to stop this complex from being built in its currently proposed location.
We have requested Ms. Entenman to come to the proposed site for a site visit scheduled for the first Friday in January. This date is Friday, January 7, 2012 at 10:00 a.m. The address of the proposed jail is: 11702 Yelm Highway Se. Olympia, Washington 98513. At this time Mr. , Mr. and I, plan to attend this meeting and will wait at the above address for Ms. Entenman. Please confirm this scheduled appointment at your earliest convenience.
Enclosed please see correspondence from Stop the Jail Association to the Nisqually Indian Tribe. In this letter dated, October 20, 2011, our organization requested specific information regarding the proposed jail and site location. We also sent to the tribe documentation regarding FOIA requests and case law that indicated that Indian Tribes cannot claim exemption from Freedom of Information Acts. We have never received any information back from the Nisqually tribe since this request. These letters was sent via certified mail, see attached receipt and attached signature upon delivery.
Also, enclosed is the information we received back from the Department of the Army, September 29, 2011. As mentioned in our meeting, the Department of the Army met with the Nisqually Indian Tribe back in 2008. In this letter dated, August 20, 2008, the staff conclude that other locations to house this proposed regional jail was likely to be determined “not feasible” by the Nisqually Tribe and they further
concluded that the Nisqually Tribe would “pursue development on their own 168 acre parcel north of Hwy 510. In this letter the Army does suggest alternatives to the Nisqually Indian tribe for the proposed jail, however the Nisqually Indian tribe has repeatedly stated that “no alternative location was available” as quoted from their Environmental assessment report, July 2010 and said at local meetings.
We look forward to talking with you and your staff further regarding this issue.
Have a Happy Holiday and a Safe New Year.
Stop the Jail Association
4570 Avery Lane SE
Lacey, Wa. 98503
1. FOIA request to the Nisqually Indian Tribe dated, October 20, 2011, with copy of certified receipt.
2. Department of the Army correspondence between the Nisqually Indian Tribe dated June 2, 2008 and August 20, 2008
3. Department of Correction letter dated December 14, 2011 re: contract to house inmates with the Nisqually Indian Tribe.
Posted by Justice at 10:28 AM
We met with Congressman Smith's office on Monday, December 19th, 2011, in their Tacoma Office. We met with Community Outreach Manager, Debra Entenman. In this meeting Ms. Entenman provided the HR laws that Congressman Smith endorsed regarding the land exchange between Thurston County, The US Army Corps of Engineers and the Nisqually Indian Tribe. Ms. Entenman also provided other facts that our organization had already obtained through public information months ago. We left this meeting still requesting Congressman Smith's help. We followed up the meeting with a certified letter requesting the assistance from Cong. Smith to stop the construction of the jail. We hope our Government will look into the fraudulent means in obtaining the grant including the notification process, the environmental impacts, the contractual misrepresentations showing the need for this project as well as other glaring misrepresentations. See attached note of the certified letter to Ms. Entenman.
Posted by Justice at 10:25 AM
Wednesday, December 14, 2011
Congressman Adam Smith's office has finally scheduled an official meeting with us. We started communicating with Congressman Smith's office back in early August 2011. Apparently, their office needed to collect information from the agencies involved, The Nisqually Tribe, The Bureau of Indian Affairs, Department of Justice, Fort Lewis and now are ready to meet with us. We will let you know what Congressman Smith can do to help our community and why he was involved in the original land exchange in the first place! The meeting is scheduled for December 19, 2011.
Posted by Justice at 11:03 PM
Friday, November 18, 2011
Here is a Link to our Document Page
We are still scanning documents that we have received from several different Agencies
Feel free to email us with any questions: JStopjail@yahoo.com
We are still scanning documents that we have received from several different Agencies
Feel free to email us with any questions: JStopjail@yahoo.com
Posted by Justice at 9:00 AM
Saturday, November 5, 2011
Friday, November 4, 2011
Indian Law Cases Supportive of State, Local and Non-Indian Citizens 1978 - 2011
Oliphant v. Suquamish Tribe, 435 U.S. 191 (1978). Indian tribes lack criminal jurisdiction over non Indians. Indian tribal courts do not have inherent criminal jurisdiction to try and to punish non-Indians, and hence may not assume such jurisdiction unless specifically authorized to do so by Congress.
Montana v. United States, 450 U. S., at 565 (1980). Exceptions to tribal authority: 1) Title to land of Big Horn River passed to Montana at its statehood; 2) Tribe has no power to regulate non-Indian fishing and hunting on reservation land owned in fee by non-members of the Tribe; 3) Tribe's "inherent sovereignty" does not support its regulation of non-Indian hunting and fishing on non-Indian lands within the reservation; 4) Exercise of tribal power beyond what is necessary to protect self-government or to control internal relations is inconsistent with the dependent status of the tribes, and so cannot survive without express congressional delegation.
Brendale v. Confederated Tribes and Bands of Yakima Nation, 492 U.S. 408 (1989). Tribes lack authority to zone nonmembers' land within an area of a Tribe's reservation open to the general public.
Yakima v. Confederated Tribes, 502 U.S. 251, (1992) County has authority to impose ad valorem tax on reservation land patented in fee, pursuant to Allotment Act of 1887, but does not have authority to enforce excise tax on sales of such land.
Seminole Tribe of Florida v. Florida, et al. (No. 94-12), 517 U.S. 44 (1996). Under the U.S. Constitution's Indian commerce clause, the U.S. Congress does not have the power to abrogate the states' Eleventh Amendment sovereign immunity from suit. The Court further held that the Eleventh Amendment prevents Congress from authorizing suits in federal court by Indian tribes against states to enforce the provision in the Indian Gaming Regulatory Act (IGRA) requiring states to negotiate in good faith.
Idaho v. Coeur d'Alene Tribe of Idaho (No. 94-1474), 521 U.S. 261 (1997). The Court ruled that the Coeur d'Alene Tribe's suit against the state officials may not proceed in federal court because States enjoy Eleventh Amendment immunity in suits filed by Indian tribes.
Strate, et al. v. A-1 Contractors, et al., 520 U.S. 438 (1997). A civil action against allegedly negligent nonmembers falls within state or federal regulatory and adjudicatory governance; absent a statute or treaty authorizing the tribe to govern the conduct of nonmembers driving on the State's highway, tribal courts may not exercise jurisdiction in such cases. Tribes do not have regulatory or adjudicatory authority over state highways.
Cass County, MN, et al. v. Leech Lake Band Of Chippewa Indians, 524 U.S. 103 (1998). When Congress makes Indian reservation land freely alienable, it manifests an unmistakably clear intent to render such land subject to state and local taxation. Repurchasing the land by an Indian tribe does not return the land to tax-exempt status.
Burlington Northern Railroad v. Estate of Red Wolf, 106 F.3d 868, 9th Circuit (1998) The (Crow) Tribe lacks jurisdiction over railroad right-of-way. The Tribe lacks gate-keeping authority to regulate activity on public right-of-ways. "Tribal authority to regulate the conduct of non-members depends upon the tribe’s power to exclude non-members from reservation lands. Because the tribe has lost the power to exclude BN (and other non-Indian members) from the reservation, it has also lost the power to regulate BN and other non-Indian member conduct."
Arizona Dept. of Revenue v. Blaze Construction 526 U.S. 32 (1999). State generally may impose a nondiscriminatory tax upon a private company’s proceeds from contracts with the Federal Government, regardless of whether the federal contractor renders its services on an Indian reservation.
Rice v. Cayetano (No. 98-818) 528 U.S. 495 (2000). A state may not deny or abridge the right to vote on account of race, and this law does so," Justice Kennedy wrote for the Court. The court rejected the state's argument that the voting limitation was one based on ancestry, not race.
Dept. of Interior v. Klamath Water Users Protect Assoc., 532 U.S. 1 (2001). There is no exemption under FOIA for correspondence between the Tribe and the Bureau (DOI); documents are not exempt from public disclosure as inter-agency or intra-agency communications.
Nevada, et. al. v. Hicks, (No. 99-1994) 533 U.S. 353 (2001). A tribe’s adjudicatory authority does not exceed its legislative authority. State jurisdiction does not end at a reservation boundary. In this case, the tribe lacked adjudicatory authority as well.
Atkinson Trading Co. v. Shirley (No. 00-454) 532 U.S. 645 (2001). Court held that the Navajo Nation's imposition of a hotel occupancy tax upon nonmembers on non-Indian fee land within its reservation is invalid. Indian tribes are 'unique aggregations possessing attributes of sovereignty over both their members and their territory,' but their dependent status generally precludes extension of tribal civil authority beyond these limits.
Bishop Paiute Tribe v. County of Inyo, 538 U.S. 701, (2003) An Indian tribe is not a “person” entitled to bring a suit under federal law 42 U.S.C. 1983 (civil rights).
Grutter v Bollinger, 539 U.S. 306, (2003) 14th amendment equal protection standard applies to state and federal action in parallel affirmative action cases by stating the standard as “governmental action,” including Native Americans.
Terrorism cases: (Rasul v. Bush, 542 U.S. 466, and Hamdi v. Rumsfeld, 542 U.S. 507) (2004) Supreme Court rules that federal courts have judicial review of executive land status determination that land is a separate territory outside of constitutional jurisdiction. Case highlights that detainees had more rights than tribal members or U.S. citizens in “territories.” Cases have Indian law application.
City of Sherrill v. Oneida Indian Nation of N.Y. (2005) Mere acquisition of fee property does not restore “Indian” status to the land. Ruling upheld Laches, Doctrines of Acquiescence and Justifiable Expectations. Oneidas long ago relinquished governmental reins and cannot regain through open-market purchases from current titleholders.
Wagnon v. Prairie Band Potawatomi Nation, 546 U.S. 95 (2005) State tax is valid and poses no affront to the Nation’s sovereignty. The Bracker interest-balancing test does not apply to a tax that results from an off-reservation transaction between non-Indians. Kansas motor fuel tax is a nondiscriminatory tax imposed on an off-reservation transaction between non-Indians.
Alaska v. lUL. S. (2005) The Federal government cannot establish Reservation Land without reserved rights.
Plains Commerce Bank, Petitioner v. Long Family Land and Cattle Company, Inc., et al., (07-411) (2007) “A tribe’s adjudicative jurisdiction does not exceed its legislative jurisdiction.” Tribal Court lacks jurisdiction to hear claim because the Tribe lacks the civil authority to regulate the Bank’s sale of its fee land. Tribal courts do not have jurisdiction to hear disputes concerning non- Indian banks' sales of their own lands.
Kickapoo v. Texas 07-1109, (2007) A State cannot be compelled to enter into a class three compact.
Cayuga Indian Nation v. State of New York, O2-6111 et al. (2007) Cert denied. Upholding and allowing extension of City of Sherrill, Laches, Justifiable Expectations of long established communities.
Hawaii v. Office of Hawaiian Affairs, 07-1372, (2009). The federal government may not remove land ceded to a state without express consent of the state legislature. The (“Apology”) resolution would raise grave constitutional concerns if it purported to “cloud” Hawaii’s title to its sovereign lands.
Carcieri v. Salazar. (07-526),(2009). Because the term “now under federal jurisdiction” in §479 unambiguously refers to tribes that were under federal jurisdiction when the IRA was enacted in 1934…the Secretary does not have the authority to take the 31-acre parcel into trust.
Navajo v. U.S., (07-1410) (2009) Absent express language within a statute there is no federal “trust” relationship. If a statute or regulation imposes a trust relationship, then common law principles are relevant in determining whether damages are available for breach of the duty, but the Tribe cannot identify a specific, applicable, trust-creating statute or regulation that the Government violated, so trust principles do not apply.
Preservation of Los Olivos (POLO) v. U.S. Dept of Interior, 635 F.Supp.2d 1076 (2009) (Federal Claims Court) (1) Court had jurisdiction to evaluate whether citizens' groups had standing to seek judicial review of IBIA's orders; (2) (community) groups demonstrated injury in fact; (3) groups had an interest directly regulated by an action of the IBIA, as required to have prudential standing; and (4) IBIA acted arbitrarily and capriciously in invoking judicial standing principles to dismiss groups' appeal.
Bond v. U.S. (09-1227), (2011). (Federalism case). A citizen charged and convicted under a federal statute has standing to challenge, under a Tenth Amendment claim, the federal statute on grounds that the measure interferes with the powers reserved to States.
U. S. v. Jicarilla Apache Nation, (10-382) (2011) The fiduciary exception to the attorney-client privilege does not apply to the general trust relationship between the United States and the Native American tribes.
Patchak v. U.S. (09-5324) D.C. Circuit (2011). Patchak fulfilled the judicially created zone-of-interests test for standing. Patchak, who is not claiming or challenging title, is not governed by the Quiet Title Act, then § 702 of the APA waives the government’s sovereign immunity.
Oneida Indian Nation v. Madison County, 06-6408-cv(L), 2011. (Oneida) Nation’s sovereign immunity from lawsuits and federal restrictions on the alienation of lands under the 1790 Nonintercourse Act “could no longer be sustained” because the Nation had voluntarily waived its sovereign immunity in the case before the U.S. Supreme Court. Appellate court moves foreclosure case into State court for adjudication.
PENDING at the U.S. Supreme Court:
Salazar v. Patchak, 11-247 USSC Writ of Writ of Cert )2011) (1) Whether 5 U.S.C. Â§ 702 waives the sovereign immunity of the United States from a suit challenging its title to lands that it holds in trust for an Indian Tribe; and (2) whether a private individual who alleges injuries resulting from the operation of a gaming facility on Indian trust land has prudential standing to challenge the decision of the Secretary of the Interior to take title to that land in trust, on the ground that the decision was not authorized by the Indian Reorganization Act.
Corboy v. Louie, (11-336),( USSC Writ of Cert. (2011) Issue: (1) Whether petitioners have standing to seek a refund of their own taxes; and (2) whether the Equal Protection Clause precludes a state or municipality from creating tax exemptions that are available only to members of a certain race. (taxation based upon racial classification case).
Posted by Justice at 10:03 PM
Larry Quintana - Nisqually Tribal Member
Posted by Justice at 9:27 PM
Wednesday, November 2, 2011
Posted by Justice at 12:42 AM
1. Feasibility study for the proposed jail.
2. Copies of the Recovery Act Grant for $20 M
3. Stipulations on the Grant ie: Conditions, extensions, timing of monetary allotments, etc.
4. How did the Nisqually Indian Tribe come up with the numbers for inmate population? Their numbers exceed what our local Sheriff believes is available in our jurisdiction. What other inmates will the Nisqually Indian Tribe be contracting with to increase population?
5. Feasibility study for the USDA low interest loan. What collateral did the Nisqually Indian Tribe use for the USDA loan when the land could not be used since it is “trust” land.
6. Studies that show “no other appropriate” site was available for this project. We would like to see the studies that were performed to support his finding. In a FOIA request, Fort Lewis provided documentation that show 4 other possible alternatives on where else to construct this proposed jail. How can the Nisqually Indian Tribe turn these suggested alternatives down solely because they are lease beneficial for “their” community? This should not be a reason to turn down an alternative site?
7. The public notification process was flawed. There were “no public comments” on the EA for this project. How can this be when the project is of great magnitude and will severely affect and impact our community? The Nisqually Indian Tribe states they contacted 16 neighbors adjacent to the proposed jail. Four families cited on this list out of the sixteen adamantly stated that they were NEVER notified.
8. What is the Nisqually Indian Tribe responsible for to address and assist the impacts that our County will have caused by this proposed jail?
9. Please provide documentation on how we can appeal the land exchange of the U.S. Army Corps of Engineers land to the Nisqually Indian Tribe in exchange for the 179 Acres parcel.
Posted by Justice at 12:41 AM
Saturday, October 29, 2011
Wednesday, October 26, 2011
NEIGHBORHOOD/ TOWN MEETING
October 27, 2011 at 7 P.M.
Location Changed: Sunbreak Church 7722 Yelm Highway SE. Olympia, Washington
Sunbreak Church has opened their doors for our neighborhood/Town meeting
Thank you Sunbreak Church !!!!
New information to share - New Strategies to go over
Posted by Justice at 3:42 PM
Thursday, October 20, 2011
Monday, October 17, 2011
Great Town Hall meeting tonight, thank you all who attended. DO NOT forget tomorrow’s meeting, October 18, 2011 at the Thurston County Courthouse at 7 PM. Thurston County hired a consultant to review the County's current vacant jail, the Account Restitution Center. The consultant will be advising the county and the Sheriff’s office on how this facility should be used and whether it can house additional inmates.
The Nisqually Tribe projects 90 % of their inmate’s will come from our local jurisdictions, Lacey, Tumwater, Tenino, Rainier, Yelm, DOC, etc. If our County jail can open the A.R.C. that would drive the “business” back into our county rather than outsource our inmates to a “for profit” jail.
Posted by Justice at 11:24 PM
Friday, October 14, 2011
Please Attend one or All Meetings
WHEN : Monday, October 17, 2011, 7 PM.
WHERE: Church of Living Water U Turn Building 1615 Chambers Street SE Olympia, Washington 98501
WHEN: Tuesday, October 18, 2011, 7 PM.
WHERE: Thurston County Courthouse. 2000 Lakeridge Dr SE. Olympia, Washington Building 1 Room #152 Listen to the consultant’s information regarding A.R.C. facility that is sitting vacant.
WHEN: Monday, October 24, 2011 at 7 PM
WHERE: Thurston County Courthouse 2000 Lakeridge Drive SE. Olympia, Washington Building 1 Room #280
WHEN: Thursday, October 27, 2011 at 7 PM
WHERE: Braywood Neighborhood—(Braywood & Yelm Hwy.) We will move inside to a building if inclement weather.
This isn’t a Theme Park—This is a Jail!
Posted by Justice at 1:07 PM
Tuesday, October 11, 2011
Saturday, October 8, 2011
Acount Restitution Center Consultant Report Meeting - Oct. 18
Tuesday, October 18 · 7:00pm - 10:00pm
2000 Lakeridge Drive SE Olymipa, Wa. Room 152
A public meeting will be held October 18, 2011 for Thurston County Commissioners and the Sheriff to hear a consultant's report regarding the county's Accountability and Restitution Center (ARC) Please come to hear what our county will do concerning our current EMPTY Jail.
Posted by Justice at 9:08 PM
Thursday, October 6, 2011
We have Questions that still Demand Answers
We Demand the Proposed Project be Stopped while the
process gets looked at.
The Notification Process was Flawed !
The Site Study was One sided!
Posted by Justice at 9:46 PM
"THIS NEEDS TO BE FIXED!!! THIS STIGMATIZES EACH TRIBAL MEMBER IN SOME CAPACITY INCL. OUR COMMUNITY. OUR TRIBAL GOVERNMENTS DECISIONS HAVE A PROFOUND REFLECTION ON EACH OF US INDIVIDUALLY AND COLLECTIVELY I DO NOT APPRECIATED GETTING STEREOT...YPED AND DISCRIMINATED AS A RESULT OF OUR TRIBAL GOVERNMENTS INABILITY TO TAKE OWNERSHIP, RESPONSIBILITY AND ACCOUNTABILITY FOR THE ISSUES AND COMPLAINTS SURROUNDING THE CURRENT CONSTRUCTION OF THE JAIL/PRISON PROJECT.
IN MY OPINION - OUR TRIBAL GOVERNMENT SHOULD SIMPLY STEP UP AND JUSTIFY THERE DECISIONS AND FIND MUTUAL GROUND TO RESOLVING LAND/PROPERTY ISSUES IT SIMPLY COMES DOWN TO ETHICS! W/O PREJUDICE."
Posted by Justice at 9:42 PM
Thursday, September 22, 2011
September 28, 2011 at 6:00 P.M.
To Discuss the
Proposed Nisqually Jail Project
Proposed Nisqually Jail Project
Proposed jail to be located on the corner of Yelm Highway and SR 510 and potentially housing up to 576 inmates. 10% Tribal inmates, 90 % Local Jurisdictions:
Lacey, Tumwater, Tenino, Rainier, Yelm, Tenino and more
WHAT- Town Meeting to discuss the Nisqually Jail project
WHEN- 6 to 8 PM on Wednesday, September 28th.
WHERE- Nisqually Middle School, 8100 Steilacoom RD SE.
Members of the Nisqually Tribe will be on hand to explain the proposed project and to answer questions. The Thurston County Sheriff, Public Works staff as well as County Commissioners will be also be present.
Contact: Sandra Romero, Thurston County Commissioner: 360-786-5440
Wednesday, September 21, 2011
NEIGHBORHOOD YARD SALE
ALL PROCEEDS WILL GO TO THE
STOP THE JAIL ASSOCIATION
September 24, 2011
9 A.M. – 4 P.M.
7101 Englewood Drive Se. Olympia, Wa. 98513
We DO NOT need another jail in Thurston County!