indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+
ph: 202 630 8439
Dynamic Homes
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
1st Circuit tells Narragansett Tribe to comply with grand jury

Filed Under: Law
More on: 1st circuit, immunity, narragansett, rhode island
   

The Narragansett Tribe of Rhode Island can't assert sovereign immunity in a federal grand jury proceeding, the 1st Circuit Court of Appeals said today.

The tribe's historic preservation office refused to turn over documents to the grand jury as part of an unspecified investigation that remains under seal. The office was held in contempt and ordered to pay $500 in fines every day.

On appeal, the 1st Circuit lifted the contempt citation. The court said the contempt proceedings started after the grand jury had already expired, making the request unenforceable.

However, the court said the office can't assert immunity in future proceedings because the United States is a "superior" sovereign. Congress abrogated tribal powers through the Major Crimes Act and other federal criminal statutes, the decision stated.

"For the sake of completeness, we further note that, even if the tribes did originally enjoy sovereign immunity from federal grand jury process, Congress has abrogated that immunity through the enactment of federal criminal statutes extending to Indian country 'the general laws of the United States as to the punishment of offenses committed in any place within the sole and exclusive jurisdiction of the United States,'" the court stated, quoting a section of federal law that applies to Indian Country. "That grant of criminal jurisdiction necessarily entails the authorization of investigative and enforcement mechanisms such as the grand jury subpoena power."

The tribe's attorney, William Devereaux, declined to comment on the investigation that spurred the appeal, the Associated Press reported.

Get the Story:
Court: Federal grand jury subpoenaed Narragansett tribe, no details on investigation (AP 2/25)

1st Circuit Decision:
In Re: Grand Jury Proceedings v. District Court of Rhode Island, Providence (February 25, 2015)


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: 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)
Editorial: Our schools can learn from success at tribal colleges (10/16)
Column: Language police want FCC to bar R-word on airwaves (10/16)
Navajo lawyer named chair of Washington gaming commission (10/16)
Judge won't allow factions of Chukchansi Tribe to reopen casino (10/16)
Alabama governor shifts stance on compact for Poarch Creeks (10/16)
Muscogee Nation wins key permit for $375M casino expansion (10/16)
City in California considers proposals for off-reservation casino (10/16)
Connecticut tribes see another decline in slot machine revenue (10/16)
Opinion: North Fork Rancheria's gaming deal deserves yes vote (10/16)
Native Sun News: Governor's race in South Dakota is heating up (10/15)
Puyallup News: Project Runway contestant isn't enrolled in tribe (10/15)
Mark Trahant: Native vote could offer some answers in Kansas (10/15)
Mary Pember: Mental health system fails young Indian woman (10/15)
Ruth Hopkins: Healing the relationship with indigenous people (10/15)
Aura Bogado: BIA tries to reform troubled recognition system (10/15)
Peter d'Errico: Navajo Nation tackles the Doctrine of Discovery (10/15)
Salt River judge releases gang member tied to officer's murder (10/15)
Oglala Sioux Tribe agrees to put national park proposal to vote (10/15)
Widower must pay $72K to Miccosukee Tribe after losing appeal (10/15)
State employee accused of stealing from Cayuga Nation minors (10/15)
National Park Service to send bison from North Dakota to tribes (10/15)
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.