Federal Court Dismisses Pala Band Membership Claims On Sovereign Immunity Grounds
While I agree that tribal sovereignty must be primary in these cases, I feel that there needs to be some kind of redress for those affected. The act of disenrolling families is becoming rampant and seems to be much more prevalent in those tribes with gaming facilities.
Here are the materials in Allen v. Smith (S.D. Cal.):
Judge William Q. Hayes of the Southern District of California ruled that sovereign immunity barred claims against the Pala Band of Mission Indians seeking enrollment in the Tribe and money damages. Importantly, the court distinguished the Ninth Circuit’s recent decision in Maxwell v. San Diego County.
Here are some key excerpts:
The Maxwell court distinguished the facts of its case from Hardin v. White Mountain Apache Tribe, 779 F.2d 476 (9th Cir. 1985), a…
View original post 431 more words