indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+
ph: 202 630 8439
Kill The Tobacco Master Settlement Agreement
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...
Stay Connected:

Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Tim Giago: Deaths of Native men in Rapid City remain unsolved (10/20)
Charles 'Chuck' Trimble: Let Crazy Horse's spirit rest in peace (10/20)
Mark Trahant: Races come down to turnout in three key states (10/20)
Native Sun News: Billy Mills wows youth at Black Hills Powwow (10/20)
Cedric Sunray: Tribes abandon traditional aspects of inclusion (10/20)
Dustina Gill: Vote for Rick Weiland to protect our sacred waters (10/20)
Ousted Project Runway contestant reaffirms Puyallup heritage (10/20)
White House Tribal Nations Conference takes place December 3 (10/20)
Bryan Brewer: Park helps Oglala Sioux Tribe protect its culture (10/20)
Robert Porter: Don't let tribal issues fall prey to partisan politics (10/20)
Gabe Galanda: Abramoff's playbook still used in Indian Country (10/20)
Jay Daniels: Let BIA make changes to rights-of-way regulation (10/20)
Mike McBride: Sovereign goodwill at a low in tribal tax dispute (10/20)
Top Navajo Nation court holds hearing in presidential dispute (10/20)
Eastern Shawnee Tribe to open resort at ancestral site in Ohio (10/20)
Kickapoo Tribe in Kansas selects Lester Randall as new leader (10/20)
Editorial: Address safety concerns about tribal hunts at night (10/20)
Chukchansi Tribe sends layoff notices to most casino workers (10/20)
Rivals raise nearly $16M to block North Fork Rancheria casino (10/20)
Judge won't let BIA proceed with compact for Pojoaque Pueblo (10/20)
Candidates discuss Menominee Nation's off-reservation casino (10/20)
Opinion: Suckers help Chumash Tribe finance casino expansion (10/20)
Native Sun News: Oglala Sioux Tribe buckles to pressure on park (10/17)
Mark Trahant: Native vote could tip races in Idaho and Colorado (10/17)
Crystal Willcuts: Remembering the beauty that was my mother (10/17)
Blackfeet actress Misty Upham found dead after going missing (10/17)
Citizen Potawatomi Nation sues city over detachment petition (10/17)
Opinion: Politicians relying on Native voters in a close election (10/17)
Poarch Creeks donate another $500K to Democratic candidate (10/17)
Montana to transfer bison from Yellowstone to Fort Peck Tribes (10/17)
Opinion: Listen to Native Americans who oppose racist mascots (10/17)
Charges possible in dispute at Chukchansi Tribe's closed casino (10/17)
Oglala Sioux Tribe might open third casino under new compact (10/17)
Women dominate workforce at Northern Arapaho Tribe's casino (10/17)
Ho-Chunk Nation to shut down poker room after losing lawsuit (10/17)
Blog: What to know about Prop 48 and off-reservation gaming (10/17)
Native Sun News: Native vote plays key role in Senate matchup (10/16)
Dean Chavers: Calling out Ward Churchill and other wannabes (10/16)
Glenn Morris: A sorry spectacle at UN indigenous peoples meet (10/16)
Crosscut to present special award to late activist Billy Frank Jr. (10/16)
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.