indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+ indianz.com on soundcloud
phone: 202 630 8439
Fredericks Peebles & Morgan LLP
Advertise on Indianz.Com
Home > News > Headlines

printer friendly version
Appeals court to consider Narragansett sovereignty
Tuesday, December 6, 2005



STATE RAID: Troopers pin tribal members on the ground during raid of the Narragansett Reservation on July 14, 2003.
The Narragansett Tribe of Rhode Island is back in court today to defend its sovereignty from encroachment by state officials.

The tribe won federal recognition in 1983 after its land claims were settled by an act of Congress. But two decades later, the tribe faces unresolved questions over its legal rights as a sovereign entity.

The doubts led state officials to raid the Narragansett Reservation on July 14, 2003, in order to shut down a smoke shop. The state claims it has authority, under the act of Congress, over all activities on tribal land.

But the unprecedented show of force sparked outcries throughout Indian Country and among some members of Congress, who called for an investigation. They say the state disrespected the tribe's sovereignty by engaging in the violent raid.

"Imagine if federal marshals roughed up and arrested your governor and state leaders because the federal government disagreed with a decision made by your state government?" Tex Hall, the former president of the National Congress of American Indians, said at the time. "It is unfathomable."

The 1st Circuit Court of Appeals agreed with those sentiments. This past May, a three-judge panel ruled that the state violated the tribe's rights when troopers raided the reservation, seized tribal property and arrested several tribal members, including Chief Sachem Matthew Thomas.

The victory was largely symbolic because the court upheld the right of the state to seek taxes from the sale of tobacco goods to non-Indians. That prompted the state to seek a rehearing of the case, arguing again that it has broad authority over activities on the reservation.

Two months later, the court said it would indeed hold a new hearing to determine the extent of state jurisdiction on tribal lands. A special panel of six judges will consider the case in Boston, Massachusetts, this afternoon.

At issue are the state's powers under the Rhode Island Indian Claims Settlement Act of 1978. The law granted the state criminal and civil jurisdiction on the reservation.

The law has been interpreted to mean the state can prosecute individual tribal members for violating state laws. But whether the state has power over the tribal government itself is still up for debate.

The U.S. Supreme Court took up that question in a 2003 case that parallels the Narragansett one. Officials in Inyo County, California, raided the casino owned by the Bishop Paiute Tribe and seized tribal property as part of a county investigation.

The 9th Circuit, much like the 1st Circuit, ruled that the county violated the tribe's sovereignty. But in ruling that the tribe had no recourse to sue the county under a federal civil rights law, the Supreme Court bypassed the much larger question of whether a state can tell a tribal government what to do on the reservation.

Most tribes won't encounter the issue. But over 100 tribes in California are affected because the state, under Public Law 280, has criminal and civil jurisdiction on reservations. Five other states still have the law on the books.

In New England, several tribes fall under special acts of Congress that grant the state jurisdiction in Indian Country. In Maine, this has proved disastrous to the Penobscot Nation and the Passamaquoddy Tribe because the state courts have ruled that some of the activities of their tribal governments are subject to state law.

In Massachusetts, the state courts have ruled that the Aquinnah Wampanoag Tribe waived its sovereign immunity by agreeing to state jurisdiction. The tribe decided not to take the case to the U.S. Supreme Court.

Today's case will be heard by Chief Judge Michael Boudin and Judges Juan R. Torruella, Bruce M. Selya, Sandra L. Lynch, Kermit V. Lipez and Jeffrey R. Howard. The May 12 ruling had been decided by Torruella, Howard and Judge Joseph DiClerico, a federal court judge from New Hampshire who was sitting by designation.

En Banc Order:
Narragansett Tribe v. Rhode Island (June 8, 2005)

Smoke Shop Ruling:
Narragansett Tribe v. Rhode Island (May 12, 2005)

Inyo County Decision:
Syllabus | Opinion [Ginsburg] | Concurrence [Stevens]

Nevada v. Hicks Decision:
Syllabus | Opinion | Concurrence (Souter) | Concurrence (Ginsburg) | Concurrence (O'Connor) | Concurrence (Stevens)

More on the Smoke Shop Raid:
Video | Text: Gov. Carcieri's July 14 Press Conference | Text: Gov. Carcieri's July 15 Statement | Text: Excerpts of Narragansett Chief Sachem July 14 Press Conference

Relevant Laws:
Rhode Island Indian Claims Settlement Act (US Code)

Relevant Links:
Narragansett Tribe - http://www.narragansett-tribe.org
Smoke Shop Showdown - http://www.projo.com/extra/2003/smokeshop

Related Stories:
Massachusetts tribe drops sovereignty case (7/11)
Narragansett chief reflects on raid of smoke shop (07/08)
Narragansett Tribe meets with state on smoke shop (05/27)
Narragansett Tribe meets with state on smoke shop (05/27)
Narragansett Tribe denies deal on smoke shop (05/26)
Narragansett Tribe delays smoke shop reopening (05/24)
Narragansett Tribe, state weigh options on smoke shop (05/16)
Tribal sovereignty must be respected, court rules (05/13)
New trial sought in state police raid of reservation (04/14)
Police stand behind trooper in raid of reservation (03/31)
Jury awards damages in state raid of reservation (3/29)
Lawsuit over state raid of reservation goes to jury (3/25)
State troopers defend actions in reservation raid (3/24)
State troopers on trial over raid of reservation (3/22)
Narragansett Tribe marks one year after state raid (07/15)
Narragansett Tribe to mark anniversary of raid (7/13)
State's raid on tribal land sparks strong reactions (07/16)
R.I. raids Narragansett tribal smoke shop (7/15)
Narragansett Tribe wants to head to federal court (7/15)
Analysis: Carcieri 'paternalistic' on Indians (7/15)
Column: Tribal smokeshop raid something out of 1963 (7/15)
Narragansett chief arrested in 'violent' raid (7/14)
R.I. governor promises to help Narragansett Tribe (06/04)
R.I. tribe upset over reservation checkpoint bill (05/30)
R.I. bill sets up reservation checkpoints (5/28)
R.I. tribe delays opening of tobacco shop (5/23)
Tribal fears in Supreme Court case go unrealized (5/20)
Supreme Court rules in Inyo County case (5/19)
Supreme Court bars state officials from tribal suit (6/26)
O'Connor defends tribes amidst squabbling (6/26)

Copyright 2000-2005 Indianz.Com
More headlines...
Stay Connected:
On Facebook

On Twitter

On Google+

On SoundCloud
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Sen. Barrasso introduces another version of land-into-trust fix (7/29)
Standing Rock Sioux Tribe adopts banishment for drug dealers (7/29)
Native Sun News: Rapid City trial ends with no defense witnesses (7/29)
Lakota Country Times: Youth come to Pine Ridge for 'Exposures' (7/29)
Charles Trimble: Being mixed-race Indian and being proud of it (7/29)
Ivan Star: It's up to all of us to keep the Lakota language alive (7/29)
Congress fails to provide funds to help tribes comply with VAWA (7/29)
Suit alleges tribal leaders received kickbacks from lobbying firm (7/29)
Flandreau Santee Sioux Tribe claims DOJ support for marijuana (7/29)
Community on Crow Reservation on lockdown due to shooting (7/29)
Former Chippewa Cree Tribe chair sentenced in corruption case (7/29)
Hillary Clinton refuses to answer questions about Keystone XL (7/29)
Judge upset with delay in drilling dispute affecting sacred land (7/29)
Tribal leaders scale back plans to regulate energy development (7/29)
Fort Belknap Indian Community awaits tests in deaths of bison (7/29)
Column: Northern Cheyenne Tribe took a final stand in Oklahoma (7/29)
Public school board in Indiana votes to eliminate 'Indian' mascot (7/29)
Opinion: Sioux tribes deserve a seat on university naming panel (7/29)
Study outlines impacts of tribal gaming on economy in Oklahoma (7/29)
Judge orders Aquinnah Wampanoag Tribe to stop work on casino (7/29)
Fond du Lac Band prevails yet again in long-running casino feud (7/29)
Chukchansi Tribe hosts job fair amid hopes of reopening casino (7/29)
Cowlitz Tribe still working on design plans for contested casino (7/29)
Indian Health Service discusses LGBT issues in historic meeting (7/28)
Haskell students to study fracking on North Dakota reservation (7/28)
Erica Pinto makes history as first woman leader of Jamul Village (7/28)
Native Sun News: Young artist wins top award at Native market (7/28)
Lakota Country Times: Oglala Sioux Tribe hosts war pony races (7/28)
Steve Russell: The hypocrisy of race and Cherokee citizenship (7/28)
Terese Marie Mailhot: I was raised to be angry at White women (7/28)
Dina Gilio-Whitaker: Indian Country stuck with bad Republican (7/28)
Aaron Angerman: Alaska Natives not consulted about mine plan (7/28)
IHS hired physician who was sanctioned by Justice Department (7/28)
Cherokee Nation candidate emerges victorious in new election (7/28)
Ponca Tribe reclaims small part of ancestral lands in Nebraska (7/28)
Tuscarora Nation returns to ancestral home in North Carolina (7/28)
9th Circuit sides with Suquamish Tribe in fishing rights dispute (7/28)
10th Circuit affirms convictions of former Paiute Tribe employee (7/28)
Warm Springs Tribes welcome early start to huckleberry season (7/28)
Young man from Omaha Tribe sentenced for sexual abuse of child (7/28)
Makah Nation man charged for assault during attempted escape (7/28)
Miami Nation stays out of public school mascot debate in Indiana (7/28)
Tohono O'odham Nation wins round in casino battle with Arizona (7/28)
Wisconsin asks Supreme Court to rule on Ho-Chunk Nation poker (7/28)
Navajo Nation Council passes tax on alcohol at gaming facilities (7/28)
Seminole Tribe reiterates request for mediation in casino dispute (7/28)
Mohegan Tribe fired worker who helped casino regular break rules (7/28)
War of words escalates on mine at sacred Apache site in Arizona (7/27)
Senate Committee on Indian Affairs to take up land-into-trust fix (7/27)
Senate panel sets hearing on substance abuse in Indian Country (7/27)
Red Lake Nation schedules August 19 referendum on liquor sales (7/27)
Poarch Creeks win injunction blocking county from imposing tax (7/27)
Native Sun News: Indian elders suffer from higher dementia risk (7/27)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.