Ninth Circuit Affirms Dismissal of Challenge to Pala Disenrollments

Here is the unpublished opinion in Allen v. Smith:

031.1 – Memorandum Disposition(83952089_1)

Excerpt:

This relief sought by the Appellants clearly operates against the Tribe. The
requested relief would prevent the Tribe from disenrolling the Appellants and
compel it to reinstate their membership and tribal benefits. Even the request for
compensatory and punitive damages (to be paid by the Appellees, not the Tribe)
would interfere with the Tribe’s public administration, because the monetary
damages are predicated on this court’s determination that the disenrollment of the Appellants was improper. Thus, we conclude that Appellants’ suit should be
construed as a suit against the Tribe itself.

Briefs and lower court materials here.

This entry was posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity, tribal membership and tagged , , , , , , , . Bookmark the permalink.

1 Response to Ninth Circuit Affirms Dismissal of Challenge to Pala Disenrollments

  1. Leon Thompson says:

    This is North County but the tribe is Kumeyaay (though they call themselves “Mission Indians” for legal reasons). Good story about tribal sovereignty.

    May be too much family laundry exposed. This is an unpublished opinion in the case by the experts atTurtle Talk.

    Leon Thompson Thomdaleon@gmail.com 619 241 6873

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