indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+
ph: 202 630 8439   fax: 202 318 2182
Fredericks Peebles & Morgan LLP
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
DC Circuit allows suit against Cherokee chief in Freedmen case
Friday, December 14, 2012
Filed Under: Law | National
More on: cherokee, dc circuit, freedmen, immunity, membership, oklahoma, treaties
 
The chief of the Cherokee Nation of Oklahoma can be sued by Freedmen descendants, the D.C. Circuit Court of Appeals ruled today.

The tribe cannot be sued due to sovereign immunity, the court noted. But U.S. Supreme Court precedents allow individual tribal officials to be sued even without the tribe's involvement, the decision stated.

"Applying the precedents that permit suits against government officials in their official capacities, we conclude that this suit may proceed against the Principal Chief in his official capacity, without the Cherokee Nation itself as a party," Judge Brett Michael Kavanaugh wrote in the unanimous ruling.

The decision means the Descendants Of Freedmen Of The Five Civilized Tribes will be able to move forward in a suit that challenges the denial of citizenship to the Freedmen, who are the descendants of former slaves. The Freedmen say they were promised citizenship by an 1866 treaty.

A different lawsuit filed by another group of Freedmen is pending in federal court in Oklahoma. In that case, the Obama administration is asking for a ruling on the merits of the treaty.

DC Circuit Decision:
Vann v. DOI (December 14, 2012)

District Court Decision:
Vann v. Salazar (September 30, 2011)

Earlier D.C. Circuit Decision:
Vann v. Kempthorne (July 29, 2008)

Related Stories:
DC Circuit taking up long running Cherokee Freedmen lawsuit (10/17)
DC Circuit set to hear appeal in one Cherokee Freedmen lawsuit (7/30)
Cherokee Freedmen lawsuit appears headed toward resolution (7/17)
Cherokee Nation awaits decision in Freedmen citizenship dispute (7/3)
Freedmen attorney claims Abramoff influenced BIA position (3/14)
Opinion: Tribes in Oklahoma struggle to deal with Freedmen (3/8)
Cherokee Nation won't drop lawsuit over Freedmen citizenship (11/29)


Copyright © Indianz.Com
More headlines...
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Native Sun News: Guilty verdict in death of Lower Brule boy (4/17)
Native Sun News: Paper brings home four first place awards (4/17)
Panel to look into death of pregnant Indian woman in Mexico (4/17)
Opinion: Poarch Creeks qualify for Class III gaming in Florida (4/17)
Native Sun News: Little Shell Tribe gets closer to recognition (4/16)
Native Sun News: Pine Ridge fighter prepares for next match (4/16)
Letter from Cobell attorneys on second settlement payment (4/16)
Cobell settlement administrator responds to payment delay (4/16)
Secretary Jewell to deliver commencement address at SIPI (4/16)
First member of Pascua Yaqui Tribe signs to play basketball (4/16)
Navajo Code Talker Samuel Smith passes away at age of 88 (4/16)
Dean Chavers: Indian journalism owes big debt to Tim Giago (4/16)
Nicholet Deschine: KTNN accepts 'hush money' for racial slur (4/16)
Jack Duran: Grindstone Rancheria finally gets a seat at table (4/16)
Dry Creek Rancheria to hold disenrollment hearings this week (4/16)
Hate group plans to protest at Alaska Native Heritage Center (4/16)
Colorado House passes bill to expand Indian tuition program (4/16)
Ute Tribe signs five-year agreement with University of Utah (4/16)
Mississippi Choctaws on track to open health facility in 2015 (4/16)
Judges from Turtle Mountain Band threatened with removal (4/16)
City in New York to drop legal battles against Oneida Nation (4/16)
Quinault Nation to reopen lake on reservation to non-Indians (4/16)
Virginia tribes question interpretation of treaty fishing rights (4/16)
Lawsuit claims remains were removed for Jamul Band casino (4/16)
Mescalero Apache Tribe completes refinancing of casino debt (4/16)
Cherokee Nation Council passes gaming regulation measure (4/16)
Mashantucket Tribe working on casino deal in Massachusetts (4/16)
Opinion: Another futile lawsuit against Poarch Creek casinos (4/16)
Native Sun News: Tribes benefit from $5.15B uranium cleanup (4/15)
Clara Caufield: Northern Cheyenne Tribe marks return of chief (4/15)
DOI extends $1.2M in offers to Makah Reservation landowners (4/15)
Senate Indian Affairs Committee listening session in Montana (4/15)
Ernie Stevens: NIGA won't support racist depictions of Natives (4/15)
Navajo casino enterprise wasn't told of NFL team involvement (4/15)
Steven Newcomb: Scientists lay claim to Kumeyaay ancestors (4/15)
Opinion: Judge delivered 'remarkable opinion' in Cobell lawsuit (4/15)
Umatilla player Shoni Schimmel drafted by Atlanta WNBA team (4/15)
Fort Sill Apache Tribe wins recognition in New Mexico homeland (4/15)
CNN Series: Best places to experience Native American culture (4/15)
Lummi Nation argues for treaty fishing rights in disputed areas (4/15)
Blackfeet Nation heads into election season amid ongoing feud (4/15)
School district on Fort Peck Reservation to redraw voting areas (4/15)
Ojibwe man from Canada charged for possession of wild animals (4/15)
Navajo Technical University creates bachelor's degree program (4/15)
Opinion: Ignorance abounds in dealings with indigenous people (4/15)
more headlines...


Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | 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.