Saginaw Chippewa Disenrollees Win Small Victory against Interior

Here are the materials in Cavazos v. Haaland (D.D.C.):

18-2 Saginaw Chippewa Motion to Intervene

21 Cavazos Motion for Summary Judgment

26 Saginaw Chippewa Cross Motion for Summary

29 Federal Cross Motion for Summary

34 Cavazos Reply

38 Saginaw Chippewa Reply

39 Federal Reply

40-1 Cavazos Proposed Surreply

48 DCT Order

An excerpt:

This administrative law case centers on a U.S. Department of the Interior’s (“Interior”) decision (“AS-IA Decision”), after an informal adjudication, to decline to intervene in tribal disenrollment proceedings by the Saginaw Chippewa Indian Tribe of Michigan (“Tribe”). Plaintiffs are former members of the Tribe who have since been disenrolled by Tribal leadership. Plaintiffs charge that a federal statute particular to the Tribe, the Judgment Funds Act, PL 99-346, 100 Stat. 674 (1986) (“JFA”), required Interior to intervene in and put a stop to Tribal disenrollment proceedings. In their only claim before the Court, Plaintiffs argue that Interior’s inaction was arbitrary and/or capricious within the meaning of the Administrative Procedures Act, 5 U.S.C. §§ 500 et seq. (“APA”). As a remedy, Plaintiffs seek not just a remand back to the agency, but an order from this Court mandating Interior’s intervention to reverse the Tribe’s disenrollment proceedings.
In support thereof, Plaintiffs focus primarily on statutory provisions in the JFA governing (1) antidiscrimination against tribal members enrolled after the JFA’s enactment and (2) Interior’s supervision of the JFA. Ultimately, the Court agrees with Interior that the plain meaning of the JFA: (1) does not  classify disenrollment as discrimination and (2) grants Interior broad discretion to intervene in Tribal disputes related to the JFA. However, the Court holds that Interior incorrectly read the JFA to bar  discrimination only against enrolled members of the Tribe. Because the JFA also bars the Tribe from discriminating against disenrolled members in access to benefits and services funded by the JFA, the Court shall remand the matter to Interior to reconsider whether it should exercise its discretionary authority to intervene in the alleged inequitable provision of such benefits and services. 

Prior post here.

Saginaw Chippewa Disenrollees Bring New Suit against Interior

Here is the complaint in Cavazos v. Bernhardt (D.D.C.):

1 Complaint

An earlier suit was dismissed for failure to exhaust.

Saginaw Chippewa Disenrollees Sue Interior for Failure to Enforce the Saginaw Chippewa Indian Tribe of Michigan Distribution of Judgment Funds Act

Here is the complaint in Cavazos v. Zinke (D.D.C.):

tribal-members-lawsuit

The plaintiffs are represented by Gerald Torres, Michael Sliger, and Hope Babcock.

News coverage: “Expelled Tribe Members Say Feds Did Nothing to Protect Their Rights

Update:

10-1 Motion to Dismiss

12 Opposition

13 reply