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
Dynamic Homes
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 organizationís 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: Homeless students find support in Rapid City (9/16)
Checks from final payment of Cobell settlement put in the mail (9/16)
DOI offers $9.4M for Cobell buy-backs on Umatilla Reservation (9/16)
House takes up bill to address tribal general welfare programs (9/16)
Tribal leaders headed to Capitol Hill to push legislative priorities (9/16)
NMAI hosts symposium on treaties to coincide with new exhibit (9/16)
Witnesses: Hearing on bill to bar Tohono O'odham Nation casino (9/16)
Rival tribes spend $13M to block Tohono O'odham Nation casino (9/16)
Mark Charles: Trail of Tears sign points to much deeper problem (9/16)
Donna Ennis: Don't let ethnic imposters take away our identity (9/16)
Serial killer sentenced to life term for murder of Native woman (9/16)
Civil rights complaint filed over repeated denial of honor song (9/16)
Sen. Cantwell to introduce bill to end NFL's tax-exempt status (9/16)
House backs package to transfer federal land to Te-Moak Tribe (9/16)
Fort Peck Tribes cited state game warden for criminal trespass (9/16)
Mohegan Tribe to open first Smashburger location in December (9/16)
Police in Ontario investigate letter that threatens Native people (9/16)
Urban Indian population grows in Brazil's poorest neighborhoods (9/16)
Indian family in Washington continues bid for casino on allotment (9/16)
Saginaw Chippewa Tribe challenges NLRB jurisdiction over casino (9/16)
Mohegan Tribe loses bid for commercial casino in Massachusetts (9/16)
Connecticut tribes see another decline in slot machine revenues (9/16)
Tim Giago: Standing tall for Native American Day in South Dakota (9/15)
Native Sun News: Northern Cheyenne man beaten by BIA officer (9/15)
Mark Trahant: Ten reasons why every Native person should vote (9/15)
Jay Daniels: Still waiting on that final Cobell settlement payment (9/15)
Vote set on bill to protect Gun Lake Tribe's casino from litigation (9/15)
HUD settles complaint for couple on Turtle Mountain Reservation (9/15)
Bryan Brewer: Approve HR3043 to stop IRS harassment of tribes (9/15)
Maryann McGovran: Vote for North Fork Rancheria's gaming deal (9/15)
Donna Ennis: Tribal banishments are a form of cultural genocide (9/15)
Steven Newcomb: Political meanings restrict indigenous peoples (9/15)
Bruce Anderson: Washington team name preserves stereotypes (9/15)
Column: DC-area Native people oppose NFL team's racist mascot (9/15)
House set to vote on bill to transfer federal land to Te-Moak Tribe (9/15)
Paskenta Band holds election aimed at resolving council dispute (9/15)
Tribes in Oklahoma raise their minimum wage above federal level (9/15)
Blog: Taos Pueblo exerts sovereignty over health care programs (9/15)
Travel: Remote parks on Navajo Nation are an 'extraordinary find' (9/15)
Petitions submitted to put Tohono O'odham Nation casino to vote (9/15)
Dry Creek Rancheria struggling to see gaming revenues recover (9/15)
Poarch Creeks still open to Class III gaming compact discussion (9/15)
Editorial: Cherokee Nation brings jobs with project next to casino (9/15)
Native Sun News: Olympic medalist visits Pine Ridge Reservation (9/12)
Bryan Brewer: Bill for Native language immersion a high priority (9/12)
Sen. Tester applauds approval of final Cobell settlement payout (9/12)
Kenneth Deer: UN meeting an opportunity for indigenous peoples (9/12)
Judge won't issue injunction in Pojoaque Pueblo compact dispute (9/12)
Ex-manager for Shingle Springs Band's casino told to pay $2.4M (9/12)
Briefs filed in lawsuit over United Keetoowah Band's gaming site (9/12)
Quapaw Tribe expands agricultural program at casino restaurant (9/12)
Judge approves motion to distribute Cobell settlement payment (9/11)
Native Sun News: Final Cobell payment might 'almost' be ready (9/11)
Mark Trahant: Affordable Care Act is worthy of debate in election (9/11)
Gyasi Ross: Support Quechan skate park and self-determination (9/11)
Disaster declared after Moapa Paiute Reservation hit by flooding (9/11)
Brian Pierson: Recent federal court decisions affecting Indian law (9/11)
Navajo Nation presidential candidate a target over fluency issue (9/11)
Northern Arapaho Tribe withdraws from joint Wind River council (9/11)
Editorial: Standing Rock Sioux Tribe trying to make budget work (9/11)
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.