Thursday, August 20, 2015

Saginaw Chippewa Judges Say Tribe Can Ruin The Lives and History of It's Members

Saginaw Chippewa Tribal Appeals judges have ruled that several members can be removed from membership rolls, but the attorney representing those people said Tribal officials have more work to do before that can happen.

Paula Fisher, who is representing 233 living and deceased Tribal members facing disenrollment, said their cases will be remanded to the Tribal office of administrative hearings and that “the Tribe will have the burden of proving by clear and convincing evidence that each of these Tribal members received their membership as a result of a mistake which is defined as willful, wanton or reckless disregard of a known risk of harm.”

The Tribe still has a lot of work to do before a single one of these long-standing Tribal members can lose Tribal membership,” Fisher said. “Many of these members trace in a lineal manner and the Tribe has been presented with that evidence and ignored it.”



Fisher was referring to an appeals court ruling in 2013 that said conclusively that only lineal tracing is allowed for membership, as opposed to collateral tracing.

On the decision, filed in Tribal Appeals Court earlier this week, the judges said the plaintiffs did not cite a “specific provision of the Saginaw Chippewa Constitution, but variously argue that (a section of the document is unconstitutional, or at least inapplicable to them, on the grounds that the Saginaw Chippewa Tribal Council does not possess the authority to enact retroactive legislation; that the 209 dismissal of their cases with prejudice was conclusive and binding on the tribe; that reopening the proceedings at (the office of administrative hearings) is barred by principles of res judicata and collateral estoppel; and that the amendment and reopening of proceedings violates the Appellants’ substantive due process rights because they are being singled out as a class.”

While Fisher argued that reopening the disenrollment cases after they were dismissed is “tantamount to breach of contract,” appeals judges said in the four-page opinion that the failure to show a violation of the Tribal Constitution or law “is fatal to their case.”

12 comments:

Anonymous said...

Hummaay Quisquis has no regard for his elders. Lawsons and Tolers are part of San Pasqual Community wether he likes it or not. This child has no respect.

O Pechanga said...

Yes, adopted people deserve respect.

The Lawsons also should treat the REAL San Pasqual descendants with respect and honor. Let's start THERE.

Anonymous said...

If you think Quisquis is a respectable person in the community, you have no idea the ill will he has caused on the Rez. If he continues to bash our families then everyone should know his credibility as being a drug dealer to the youth and a threat to the community. When he is banned from the reservation then there will be peace and quiet on the Rez. I can't wait.

Anonymous said...

ALL members deserve respect, it's not always easy to treat others as you want to be treated. Just remember we are ALL here and part of the creators story, how we treat ourselves and others is already been broadcast. Tell the truth and set ALL free. No one is more than anyone else. We get to take our actions with us in our luggage we when leave. Hopefully our actions towards others is how we want to be treated. Justify the truth, or lies? I say the truth will set you free!

Anonymous said...

If someone justifies their actions with lies and misinformation they must need the $$ more than ALL. They can take those actions with them back to the source. It's not honorable to live in greed, threats, and lies. If someone feels good there take those actions with you, you must be learning something, hopefully sooner than later.

Anonymous said...

I would like to see him banned. Can't wait to see that.

Anonymous said...

And If he's a drug dealer than report him...

Anonymous said...

Huumaay Quisquis has no regard for his Trask Elders,,,,, Huumaay Quisquis's elders are not the Trask Family elders. Dillion toler and sisters are the product of incest by their parents who are first cousins, asked them to asked themselves is it ok to screw your cousins and have baby's with them and name them Dillion, Tiffany, and baby freak. The pale tolers. The Lawson's and tolers are Not Apart of San Pasqual Community wether you or any of your family likes it or not... These trask's children have no respect for their cousins or relatives.

Anonymous said...

If he's a threat to the community, have him arrested and charged.

Anonymous said...

He'll probably be banned from the reservation.

Anonymous said...

The trasks have a "Baby Freak" in there family?.. Oh my that's terrible...you have to remeber... They are not "Blood of the band"... God did not appear to them in the rock as our Ancestors....they are different species ...and very very pale....and I agree it could be there incest behavior thats responsible for Mr allen Lawson's cocked eyed look....as you can see in his census video. Incest is no good....

Anonymous said...

The people that should be "banned from the reservation" are the Trask Decendents and Mr.Allen Lawson for there long history of Heriditary Infractions against the kumeyaays people since 1910. The evidence is very clearly presented in black and white there Thievery and extortion and manipulation of government funding is evident and clear.. This substantial evidence is also grossly and clearly connected to to the Bearue of Indian affairs from Sacramento and Riverside..these native Americans have been wrongfully treated and denied there birthrights until this day. And not to mention there Ancestors who were wronglfully taken out of there land at gun point and burned out of there homes by the Trasks. These are very serious matters and there is no Amount of money that can compansate or be given to these people for Restitution. This case will stand in Washington. And all Infractions against these people will never be forgotten.