Thursday, December 27, 2012

Native Tribes Dislike Cantor's Version of VAWA BECAUSE.....

It provides for action against tribes that violate civil rights.    We wouldn't want that would we?  Especially since we know first hand about having our civil rights violated.

The question should be to Anderson Law:  Why don't you support action against tribes that violate the civil rights of its members, or any other citizen for that matter?

Here is the text from Cantor's version:


‘(f) ACTION FOR REDRESS OF VIOLATION OF
22 RIGHTS.—Every person who, under color of any statute,
23 ordinance, regulation, custom, or usage, of any partici-
24 pating tribe, subjects, or causes to be subjected, any de-
25 fendant in a criminal prosecution under the special domes
1 tic violence criminal jurisdiction of the participating tribe
2 to the deprivation of any rights, privileges, or immunities
3 secured by the Constitution and laws, shall be liable to
4 the party injured in an action at law,

Here's what Anderson Law has said:


OPPOSE THE DRAFT CANTOR VAWA BILL (Cantor Draft)
Prepared by Anderson Indian Law
We strongly urge tribes to reject the Cantor draft VAWA bill because it is a diminishment of tribal sovereignty.

9. It provides a private right of action against tribal governments for violating civil rights and subjects tribes to suit (p. 12, line 21) DEAL BREAKER
  1. Private right to suit against tribes
  2. Qualified immunity. How long will it take to dismiss cases against tribal judges and officials if defendants file against them
  3. Overrules Santa Clara v. Martinez case

It is past time for there to be some recourse by tribal members over the thugocracy that runs many tribes now.    No right of action, No bill.

2 comments:

Dennis G. Chappabitty Attorney at Law said...

Unfortunate that the unjust disenrollments in California do not get the same level of press and media coverage as the Idle No More Campaign. When corrupt tribal officials disenroll their own members it is an injustice against tribal sovereignty equal to or more than what Chief Spence is protesting about in Canada.

Jack Duran said...

Violating the civil rights is seriously a big offence and the tribal officials should take actions not only to stop it rather to walk on the step of government to prevent it. Injustice against tribal sovereignty is something unavoidable and would like to be considered with the most possible ways...