indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+
ph: 202 630 8439
Native American Bank - Native people investing in Native communities
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
9th Circuit dismisses Colville descendants' enrollment lawsuit
Tuesday, November 27, 2012
Filed Under: Law
More on: 9th circuit, blood quantum, colville, membership, sovereignty, supreme court, washington
 
Three descendants of the Confederated Tribes of the Colville Reservation in Washington can't challenge the tribe's enrollment procedures, the 9th Circuit Court of Appeals said in an unpublished decision on Monday.

Shawn Lawrence Desautel's was denied enrollment shortly after his birth in 1965 because he didn't meet the tribe's one-quarter blood quantum requirement. His father was 7/16th Colville and his mother was non-Indian so his blood quantum was considered 7/32nd.

He tried to enroll again in 2000 after his uncle's blood quantum was corrected by the tribe's court to be one-half Colville. Since his father and his uncle shared the same parents, the change would presumably boost his blood quantum to one-quarter.

But the tribe declined to enroll him although he was listed as "adopted" under a provision of tribal law. He challenged the decision in tribal court and lost, prompting the federal court lawsuit.

The 9th Circuit, however, said it is unable to resolve the dispute because doing so would "impermissibly require the court to evaluate the merits of the tribe’s membership determinations." The unpublished decision cited the U.S. Supreme Court ruling in Santa Clara Pueblo v. Martinez, which effectively barred federal courts from intruding into internal sovereign matters such as enrollment.

10th Circuit Decision:
DesAutel, v. Dupris (November 26, 2012)


Copyright © Indianz.Com
More headlines...
Stay Connected:

Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Native Sun News: Ceremony welcomes return of spiritual beings (3/31)
Tribes and families in South Dakota win big victory in ICWA case (3/31)
Non-Indian adoption group disputes BIA's new ICWA guidelines (3/31)
Dennis Chappabitty: How I survived a racist attack in Oklahoma (3/31)
Ellie Reynolds: Native people used as pawns in mascot debates (3/31)
Jordan Wheeler: Fan in fake headdress turned out to be Native (3/31)
Carolina Castoreno: Racism runs rampant in the 'Hoosier State' (3/31)
Man charged in stabbing of BIA superintendent in South Dakota (3/31)
Few details about well-being of Lower Brule Sioux Tribe leader (3/31)
Navajo Nation makes headlines as first with tax on junk foods (3/31)
School to use IHS grant to bring Native students into medicine (3/31)
German photographer earns trust on Fort Belknap Reservation (3/31)
Water agencies seek early appeal for Agua Caliente Band case (3/31)
Radio station on Hopi Reservation launches fundraising effort (3/31)
Bureau of Reclamation seeks $20.3M for tribal water projects (3/31)
Metis Nation of Saskatchewan closes doors after losing funds (3/31)
Report puts tribal gaming industry revenues at $28.3B in 2013 (3/31)
Fort Sill Apache Tribe loses bid to force state into gaming deal (3/31)
Santee Sioux Tribe prepares to open casino golf course in June (3/31)
Eastern Shawnee Tribe to welcome visitors to reopened casino (3/31)
Editorial: Cherokee Nation contributes to economy with casino (3/31)
Everything you wanted to know about tribal gaming in Arizona (3/31)
Opinion: Connecticut tribes face challenges to gaming empire (3/31)
Native Sun News: Designation sought at Cheyenne warrior site (3/30)
Lakota Country Times: Efforts to rename sacred peak ramp up (3/30)
Mark Charles: Nation was built on the dehumanization of others (3/30)
Navajo Nation considers agreement for land-buy back program (3/30)
US Attorneys named to lead DOJ Native American subcommittee (3/30)
Kevin Abourezk: Students retrace journey of Chief Standing Bear (3/30)
Patricia Paul: Overcoming hardships and becoming a tribal judge (3/30)
Julianne Jennings: Taking care of our eyesight in Indian Country (3/30)
Police looking for clues after murders of Indian man and woman (3/30)
Chairman Michael Jandreau of Lower Brule Sioux Tribe in hospital (3/30)
Hundreds pay respects to Navajo Nation officer killed on the job (3/30)
Police officer who kicked Native man reinstated in Saskatchewan (3/30)
Native boy with rare disease granted wish to join favorite team (3/30)
Jury rules against Cheyenne River Sioux man in 'KKK' scar case (3/30)
BIA official expected to be released from hospital after stabbing (3/30)
BIA delays ruling on Pamunkey Tribe federal recognition petition (3/30)
Alex White Plume aims to grow hemp on Pine Ridge Reservation (3/30)
Blackfeet Nation opposes energy development on sacred lands (3/30)
Opinion: Don't include Indian Country in BLM fracking regulation (3/30)
Fort Peck Tribes might scale back plans for first gaming facility (3/30)
BIA rejects Menominee Nation off-reservation gaming compact (3/30)
Pokagon Band faces hurdles for a gaming compact with Indiana (3/30)
Nisqually Tribe to open second phase of $45M casino expansion (3/30)
Opinion: Expansion of gaming options not a good idea for Texas (3/30)
Native Sun News: Businesses show support for LNI tournament (3/27)
Lakota Country Times: Oglala Sioux fighter climbing in the ranks (3/27)
Mark Trahant: Alaska Natives look 10,000 years into the future (3/27)
Ivan Star: The influences of boarding school and Vietnam War (3/27)
Gyasi Ross: Funerals become family reunions in Indian Country (3/27)
Tim Giago hands over the reins as publisher of Native Sun News (3/27)
House committee passes Native American Children's Safety Act (3/27)
Bill to benefit Miami Nation moves forward in House and Senate (3/27)
City extended contract to send treated sewage to sacred peaks (3/27)
Oneida Nation welcomes ruling backing land-into-trust request (3/27)
Lawmakers want BIA to delay new federal recognition reforms (3/27)
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.