Home > News > More Headlines > Indian preference claim dismissed
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

Stay Connected

On Facebook

On Twitter

On Google+

On SoundCloud

More Headlines

Native Sun News: Black Hills concert draws attention to treaties (9/4)
Lakota Country Times: Oglala Sioux Tribe approves FEMA contract (9/4)
Mark Trahant: Telling the story about tribal sovereignty in Alaska (9/4)
James Giago Davies: Imagining life for the Lakota with British rule (9/4)
Robert DesRosier: First responder network needs input from tribes (9/4)
President of Alaska Native village highlights threat to community (9/3)
President Barack Obama offers thoughts on historic trip to Alaska (9/3)
President Obama enjoys unique welcome in Alaska Native village (9/3)
Transcript: President Obama speaks in Native village of Kotzebue (9/3)
Democrats slam GOP candidate for comments about assimilation (9/3)
Poarch Creeks secure major ruling in gaming dispute in Alabama (9/3)
Native Sun News: City faces possible suit from Lakota 57 parents (9/3)
Lakota Country Times: Sinte Gleska University to expand campus (9/3)
Tim Giago: Republicans show hypocrisy on the 14th Amendment (9/3)
Ivan Star: 'English education' obliterated culture and language (9/3)
Gyasi Ross: Obama's checkered record on Native environment (9/3)
Opinion: Indian Child Welfare Act doesn't help Indian children (9/3)
Appeal planned in Grand Ronde Tribes disenrollment dispute (9/3)
Blackfeet Nation states opposition to drilling on sacred land (9/3)
Father of Native woman who died in jail cell considers lawsuit (9/3)
Oglala Sioux Tribe set to open $16.5M nursing home next year (9/3)
Donald Trump's campaign manager linked to Abramoff scandal (9/3)
Navajo Nation plans big development next to casino in Arizona (9/3)
Graton Rancheria breaks ground on $175M expansion at casino (9/3)
United Auburn Indian Community compact gains quick approval (9/3)
New Mexico tribes weren't involved in off-reservation casino bid (9/3)
Parents of Lakota 57 respond to not guilty verdict in Rapid City (9/2)
Grand Ronde Tribes to disenroll 86 descendants of treaty signer (9/2)
Lakota Country Times: New food bank on Pine Ridge Reservation (9/2)
Mark Trahant: FCC invents new law for tribal lands in Oklahoma (9/2)
Native Sun News Editorial: Republican attacks on Hillary Clinton (9/2)
Vi Waln: Rosebud Sioux Tribe needs to establish 'virtual' school (9/2)
Steven Newcomb: The religious basis of Doctrine of Discovery (9/2)
Frank Bibeau: Ojibwe people assert treaty rights in Minnesota (9/2)
Carly McIntosh: Feeling love from elders at naming ceremony (9/2)
Winnebago Tribe reports results of primary election for council (9/2)
President Obama set for visit to Native communities in Alaska (9/2)
Alaska Native students being left behind in their own backyard (9/2)
more headlines...

Advertisement

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.