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Old 08-05-2004, 08:31 AM   #1
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Federal judge to take on banishment dispute

Indianz.Com. In Print.
URL: http://www.indianz.com/News/2004/003695.asp


Federal judge to take on banishment dispute
Thursday, August 5, 2004

A federal judge in California has agreed to determine whether two women who were banished from their tribe had their civil rights violated.

Charlotte Berna and Roselind Quair were kicked out of the Tachi-Yokut Tribe in June 2000. They were accused of taking against that threatened the tribe.

The women sued under the Indian Civil Right Act of 1968, using a provision that prohibits unlawful detention. Relying on a case from the 2nd Circuit, U.S. District Judge Robert E. Coyle said that banishment was a form of imprisonment.

Coyle will only rule on whether the tribe violated ICRA's due process guarantees for the two women.

Last month, a state judge agreed to take on a disenrollment dispute for another California tribe. That case is based on Public Law 280.

Get the Story:
Judge says court has jurisdiction in tribal membership case (AP 8/5)

Related Stories:
State judge won't dismiss lawsuit over tribal enrollment (07/27)
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Battle for top Pechanga post heats up before vote (7/16)
Disenrolled tribal members call for more oversight (07/15)
Ousted tribal members appeal to Pechanga council (07/02)
Pechanga chairman faces election challenge (07/02)
Judge weighs ruling in Pechanga disenrollment (04/20)
2,000 California Indians face disenrollment (04/14)
Pechanga descendants protest against enrollment policy (04/06)
Opinion: Greed, spite, history behind disenrollment (4/5)
Opinion: Calif. tribes disenrolling more people (4/1)
Pechanga tribal committee disenrolls 130 people (03/22)
Calif. judge waits on Pechanga enrollment dispute (02/18)
Calif. judge delays Pechanga Tribe's disenrollment (02/05)
Judge won't protect 130 from disenrollment (2/3)
Case tests Pechanga Tribe's right to disenroll 130 (02/02)
Adopted man protests exclusion Pechanga Tribe (01/15)
Pechanga tribe threatens to cut off newspaper (03/14)
Pechanga disenrollment campaign to continue (02/25)
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