Federal Court Dismisses “Habeas” Claim against Pechanga Band

Here is the opinion in Liska v. Macarro, where a non-enrolled Pechanga man tried to enter the reservation, was turned away, and sued in federal court (S.D. Cal.) on a habeas theory — Liska v Macarro DCT Order

The materials:

Liska Complaint (Habeas)

Pechanga Motion to Dismiss

Liska Response Brief

Pechanga Reply Brief

Spota v. Jackson (NY Ct. App.) — “Intruders” under NY Indian Law

In Spota v. Jackson, the New York Court of Appeals (Kaye, C.J.) held that state courts have no business deciding who is an “intruder” as contemplated by the New York Indian Law. This case involves the tribal power to exclude, arising ot of a dispute on an individual allotment of a member of the Unkechaug Indian Nation (or Poospatuck).