Federal Court Dismisses Challenge to Indian Preference in Employment at Office of Special Trustee

Here are the materials in Hester v. Salazar (D. Utah):

3 Hester Complaint

7 MJ R&R

8 Hester Objection

9 DCT Order Adopting R&R

An excerpt from the R&R:

Because the Supreme Court has ruled in Mancari that Indian preference “does not constitute ‘racial discrimination,’ “ Mancari, 471 U.S. at 553, Mr. Hester’s claims that he was subjected to racial discrimination and that his civil rights have been violated are not valid. Therefore, because Mr. Hester has not stated a claim upon which relief can be granted, and it would be futile to amend his complaint, his complaint should be dismissed under the authority of 28 U.S.C. § 1915(e)(2)(B)(ii). Based on that conclusion, Mr. Hester’s motion to appoint counsel and motion for service of process should be deemed moot.

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1 Response to Federal Court Dismisses Challenge to Indian Preference in Employment at Office of Special Trustee

  1. Lynn H. Slade says:

    Can you say “Morton v. Mancari”?

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