Menominee Tribe

Split Wisconsin Supreme Court Affirms Life Without Parole for 14-Year-Old Member of Menominee Tribe

Matthew L.M. Fletcher

Here are the remarkable opinions: 0520supremecourt.

Possibly the most remarkable aspect of the majority opinion is the citation to numerous social science studies strongly advocating against prison time for juveniles, as well as a citation to an Amnesty International report criticizing American states for imposing such long sentences on children.

Another interesting aspect of the majority opinion is the lengthy quotations to the trial judge, speaking to the defendant:

I find it incredibly interesting and somewhat significant that not only am I being asked to impose a sentence in this matter, which is my obligation and my responsibility, but I’m being asked to release a soul. I have to comment on that because that’s an interesting clash of cultures, and it’s what we’re all about as a people. We have to deal with those cultures and those clashes as positively as we can.

And everything I know about you, Omer, and everything I’ve gleaned about you from your——from the information that’s been provided to me, you dealt with those things [o]ppositionally. You weren’t willing to let those cultures and those different ideas intermingle. It had to be your way or no way at all. That’s too bad. And it’s that attitude that you’re going to have to change. . . .

I would hope that you[] turn to spirituality. Native American spirituality gives you something to build on in that regard. It had better because I can tell you right now if your attitude and your ruthlessness and the perception that you have of your relationship to the community in which you are going to find yourself continues as it is, you’re in for a real tough ride.

If I read the opinion correctly, this lecture was given to a 16-year-old.

Federal Court Dismisses Civil Rights Claim against Menominee Jail

Matthew L.M. Fletcher

Here is the opinion in Lyons v. Menominee Tribal Jail (E.D. Wis.) — DCT Order Dismissing Lyons Complaint

The petitioner claimed to have been jailed for four months without seeing a judge — Lyons Pro Se Complaint. One hopes that isn’t true.

An excerpt from the order (technically, an order refusing the petitioner to waive filing fees):

Moreover, the complaint does not appear to state a claim upon which relief may be granted. Section 1983, the civil rights statute, imposes liability on individuals who act under color of state law, but it does not apply to those acting under color of tribal law. Burrell v. Armijo, 456 F.3d 1159, 1174 (10th Cir.2006) (“A § 1983 action is unavailable ‘for persons alleging deprivation of constitutional rights under color of tribal law.’ ”) (quoting R.J. Williams Co. v. Ft. Belknap Hous. Auth., 719 F.2d 979, 982 (9th Cir.1983)). Accordingly, it will be dismissed for that additional reason. “Because plaintiff does not allege that defendant acted under color of state law, the district court was correct to grant summary judgment to defendant on that basis.” Pounds v. Killion, 35 Fed. Appx. 819, 821, 2002 WL 1038774, *1 (10th Cir.2002).

The court also noted that no jurisdiction existed under the Indian Civil Rights Act:

Similarly, the Indian Civil Rights Act (“ICRA”) does not provide a remedy. The only remedy provided in ICRA is that of habeas-style relief (i.e., release from custody)-it does not authorize damages actions after release. United States v. Becerra-Garcia, 397 F.3d 1167, 1171 (9th Cir.2005) (“We acknowledge that in the civil context, habeas corpus relief generally is the sole federal remedy for a violation of ICRA.”); Stevens v. Skenandore, 2000 WL 1069404, * 1 (7th Cir.2000) (“Stevens cannot sue the individual Oneida defendants under the ICRA because the only remedy authorized by the statute is a habeas corpus proceeding brought against the tribe pursuant to 42 U.S.C. § 1303.”)