Here: DCT Dismissal.
Earlier materials are here.
Here: DCT Dismissal.
Earlier materials are here.
Here is the motion — Obama Motion to Dismiss
From BLT:
Justice Department lawyers have moved to dismiss claims against the government in a lawsuit over the remains of the legendary Apache warrior Geronimo.
In February, a group of Native Americans claiming to have descended from the 19th century military leader sued the government, as well as Yale University and the Order of the Skull and Bones, in an attempt to retrieve Geronimo’s remains. After his death in 1909, Geronimo’s body was buried at the Fort Sill United States Army Base in Lawton, Oklahoma. But according to popular lore, members of the Yale secret society broke into his tomb and stole his skull, which it now keeps on display in New Haven.
From the Yale Alumni Magazine:
Yale seems reluctant to dig into the controversy over whether Skull and Bones has Geronimo’s skull and bones. But the university’s most prominent Native American alumnus wants his alma mater to take a stand.
A federal lawsuit by Geronimo’s great-grandson is on hold for now against the university and the secret society. Nonetheless, “I would like to see Yale say to Skull and Bones, ‘Give them back whatever you have or you’re finished at Yale,'” says Sam Deloria ’64, recipient of the university’s first Native Alumni Achievement Award in 2005.
Deloria, a member of the Standing Rock Sioux Tribe and director of the American Indian Graduate Center in New Mexico, recognizes that “that’s not going to happen,” thanks to what he calls “institutional cowardice” and the “powerful, powerful people” — including both Bush presidents — who belong to Skull and Bones.
Still, he would like to see Yale take a public stand on the efforts of Geronimo’s descendants to find out whether Skull and Bones really has any of the Apache warrior’s remains. “An acknowledgment that the tribes and the families have some concern would be a start.”
Why is it when Indian people demand rights to the simple dignity of being able to bury your ancestors, using a statute specially created by Congress for that purpose (NAGPRA), it becomes one of the “strangest” lawsuits? You know what’s strange? Stealing the bones of dead people, and then mocking the relatives of the dead people stolen when they ask for them back. It’s not unheard of from University secret societies (Michigamua, for example).
The complaint is here: geronimo-complaint. Why they wanted the complaint caption to sound Geronimo v. Obama is anyone’s guess. 😦
From WSJ Law Blog (via Faculty Lounge and Indianz):
Of all the strange lawsuits to which this blog has devoted pixels, this one definitely ranks among the very strangest.
Decendents of the Apache chief Geronimo (pictured) have sued Yale University and the school’s famous secret organization, Skull and Bones, asking for the release of Geronimo’s remains.
Let’s write that again, just to make sure it sinks in:
Decendents of Geronimo are asking a secret society at Yale called Skull and Bones to give back Geronimo’s, well, skull and bones. (Hence the name?) Here are stories from Fox News and the Yale Daily News.
According to reports, the complaint (not yet available), filed in federal district court in Washington, D.C., alleges that members of Skull and Bones long ago invaded Geronimo’s grave to steal his skull for, as Fox puts it, “fraternal” (and, it seems, skull-related) “rituals.” A handful of others, including Yale, are reportedly named in the complaint.
The descendants say they are investigating claims that in 1918, members of Skull and Bones, including Prescott Bush, the father of George H.W Bush and grandfather of George W. Bush, invaded Geronimo’s grave at Ft. Sill, Oklahoma, and stole his skull, some bones and other items buried with him. Three members of the Skull and Bones, including Prescott Bush, served as Army volunteers at Fort Sill during World War I. The suit asks that Geronimo’s remains be returned to his native land in Oklahoma and given a proper burial.
Who’s leading the fight for the decendents? None other than Ramsey Clark, who served as attorney general under LBJ. “In this lawsuit, we’re going to find out if the bones are there or not,” said Clark.
Gila Reinstein, a spokeswoman for Yale University, said that Yale can add nothing to the mystery of the Indian chief’s whereabouts. “To the best of my knowledge, Yale University has no relics or bones belonging to Geronimo,” she said, adding that she couldn’t speak on behalf of Skull and Bones because it is independent of the university.