Advertise on Indianz.Com

Home > News > Headlines Printer friendly version Indian preference claim dismissed MONDAY, DECEMBER 23, 2002 An Alaska Native man who lost his bid for employment to a non-Native cannot sue for damages, a divided federal appeals court ruled on Friday. Vernon Solomon applied to work for the Interior Regional Housing Authority, which provides housing to low-income Alaska Natives. The housing authority is chartered under federal law so it is subject to the Indian preference policy, which is encoded in various government statutes and regulations. But in a 2-1 decision, the 9th Circuit Court of Appeals said Congress did not intend to create a "private right of action" for alleged failures to abide by the policy. The court said allowing such lawsuits would go against tribal sovereignty. "[S]ubjecting an Indian orga-nization to an individual action for damages for every decision to hire a non-Indian for a particular position would undermine the Indian organization’s autonomy, not enhance it," wrote Circuit Judge Susan P. Graber for the majority. Circuit Judge Betty B. Fletcher dissented. She said the majority failed to apply precedents to determine whether Solomon has a right to sue. Fletcher also disputed the majority's claims of upholding tribal self-determination. "Allowing aggrieved individuals to sue to enforce that preference cer-tainly does not undermine tribal self-government any more than conferring the preference in the first place," she wrote. Get the Decision: SOLOMON v. INTERIOR REG'L HOUSING AUTH., No. 01-35766 (9th Cir. December 20, 2002) Copyright © Indianz.Com

More headlines... Local Links: Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board Latest News: Native Sun News: Cheyenne River Sioux Tribe hosts summit (5/17) Rep. Hastings asks DOI for answers about Jeanette Hanna (5/17) Ray Cook: Native leaders should put people first not politics (5/17) House repeals health care act, including IHCIA, once again (5/17) BIA detention facility had highest sexual misconduct rate (5/17) Washington Post: Mitsitam Cafe at NMAI is a 'dining oasis' (5/17) Crow Creek Sioux Tribe calls for boycott in honor song flap (5/17) Judge promises ruling in Nooksack Tribe disenrollment suit (5/17) MPR: 22 graduates complete tribal administration program (5/17) Analysis: A power dispute within Cheyenne-Arapaho Tribes (5/17) House panel considers Tohono O'odham Nation gaming bill (5/17) City cites economic benefits from off-reservation gaming (5/17) Tuolumne Band celebrates casino birthday with new hotel (5/17) Massachusetts Gaming Commission eyes speedy process (5/17) Blog: California tribes release draft of Internet gaming bill (5/17) Native Sun News: County's ICWA abuses called 'shocking' (5/16) Cedric Sunray: Cherokee Nation places sovereignty at risk (5/16) Audio from House subcommittee hearing on six Indian bills (5/16) DOI releases update to fracking regulation on Indian lands (5/16) Secretary Jewell mum on Little Shell Tribe recognition bid (5/16) Indian parents air complaints about child welfare system (5/16) NPR: South Dakota officials boycotted tribal ICWA summit (5/16) Law Article: Supreme Court due for decision in ICWA case (5/16) Chukchansi Dispute: Rival factions fight it out in the media (5/16) Peter d'Errico: Ignorance can't be an excuse for genocide (5/16) House approves bill to authorize land swap with Ute Tribe (5/16) Navajo Nation weighs tougher sentences for some crimes (5/16) Bill requires state to pay Cayuga Nation property tax bill (5/16) Roadblock erected at Whiteclay in protest of liquor sales (5/16) Arrests reported after protest at Berry Creek Rancheria (5/16) KUOW: Indian parents protest move of heritage program (5/16) Film festival celebrates 15th birthday of 'Smoke Signals' (5/16) Mississippi Choctaw artist featured in New York museum (5/16) Oneida Nation negotiates a new Class III gaming compact (5/16) Mashpee Wampanoag Tribe defends Class III gaming deal (5/16) Eastern Shoshone Tribe planning $38M expansion at casino (5/16) Bay Mills off-reservation casino still in limbo amid litigation (5/16) Ho-Chunk Nation defends legality of electronic poker game (5/16) Eastern Cherokees see boost in casino per capita payment (5/16) Column: Tohono O'odham Nation's casino a bit of 'revenge' (5/16) Native Sun News: A Wounded Knee descendant speaks out (5/15) Opinion: There's still time to respond to Agriculture Census (5/15) Audio from SCIA hearing with Interior Secretary Sally Jewell (5/15) Appeals court rules for Cahto Tribe in disenrollment dispute (5/15) Witness list for House subcommittee hearing on Indian bills (5/15) Kevin Abourezk: Saginaw Chippewa Tribe reclaims ancestors (5/15) Suzan Harjo: Racism wins every time when put to the public (5/15) Opinion: 'Redskins' name reminds us of America's ugly past (5/15) Column: Virginia tribal leaders aren't offended by 'Redskins' (5/15) Alex Alvarez: Allow eagle feathers at high school graduation (5/15) Agua Caliente Band sues agencies to safeguard water rights (5/15) 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 Suggest a Site Indianz.Com Terms of Service | Indianz.Com Privacy Policy About Indianz.Com | Contribute to Indianz.Com | Advertise on Indianz.Com | Write to Indianz.Com Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.