A federal jury has awarded $1.3 million in damages to a couple who farmed for 17 years on leased land at Santa Ana Pueblo before its then-governor barred them from baling hay at night. The couple, Bob and Sue Burrell, said the governor's order, stemming from a noise complaint, effectively curtailed their farm operations in 1997, according to the Albuquerque Journal.
The litigation had previously been dismissed by a tribal court judge and by the U.S. District Court before making its way to the 10th Circuit Court of Appeals in
On remand, the jury found Leonard Armijo, the
If the courts are going to allow lawsuits against tribal officials under the Civil Rights Act, what does that mean for Tribal Sovereignty? Once you violate someone's civil rights you are acting outside the scope of your authority and therefore you can be held liable for damages. Have non-Indians found a loophole they can use to sue tribes?
Congratulations to Bob and Sue! I'm a Native who has tried repeatedly to get a member of Sandia Pueblo to pay child support. Tribal Court has repeatedly done nothing. I feel that my child's civil rights as well as mine have been truly violated. Just because we are soveriegn Nations does not entitle us to "supreme" power over others to the point where a person's human rights are violated.
ReplyDeleteI think this is a good thing. Most tribes use the "soveriegn nation" arument to violate their own poeples rights and tell us what are you going to do about it. Tribal courts have no seperation from the Tribal goverment. So who do you think is going to win in tribal court; the tribe. Then when you try to seek help form the Federal Goverment the Tribe cries soveriegnty. I say good for Bob and Sue!
ReplyDeleteAmen to Bob and Sue !
ReplyDeleteI am the lawyer for Bob and Susan, who lived 17 yrs with Pueblo people, and one of their primary motives was to show that tribal officials cannot violate the rights of tribal members without being held to account. Unless individual Indians can sue their tribal officials in federal court, they have no defensible constitutional rights, which is one of the most racist legal situations in the history of this country. This cannot be tolerated.
ReplyDeleteChris Lucero Jr., Esq.
(505) 843-6687; clucerojr@aol.com
Congratulations to Bob & Sue for placing another crack into the sovereignty dam. When tribes wield sovereignty like a club, the risk damaging sovereignty for all tribes.
ReplyDeleteAmericans need the protections of the Civil Rights act and ICRA when it comes to tribal issues.
Tribes like Pechanga have violated the civil rights of many of their citizens and people are told to "get over it".
Come take a look at: http://originalpechanga.blogspot.com