Wednesday, March 15, 2017

9th Circuit RULES AGAINST Former UNITED AUBURN chairwoman

The Sacramento Bee has the story of the 9th Circuit again failing to provide justice for aggrieved Indians under the Indian Civil Rights Act

A federal appeals court Tuesday rejected a challenge by former United Auburn tribal chairwoman Jessica Tavares and other dissident members who charged they were illegally banished and denied their shares of profits from the lucrative Thunder Valley Casino near Lincoln.
The ruling by the United States 9th Circuit Court of Appeals, responding to a bitter 2013 clash in one of California’s wealthiest casino tribes and ensuing litigation, effectively rejected claims that the tribe “imposed unlawful restraints” on the “liberty” of Tavares and three other members by cutting off their income and banning them from United Auburn properties.
In October, 2013, Tavares and the other members brought legal action, filed in U.S. District Court in Sacramento as a writ of habeas corpus under the 1968 Indian Civil Rights Act. She charged that the tribal council for the United Auburn Indian Community wrongly denied her $40,000 a month in benefits and bonuses, based on casino profits, and illegally banished her for 10 years.
Tavares was stripped of payments for 3 1/2 years, starting in 2011, reduced by the tribe from an original sanction of four years. The others were denied payments of $30,000 and up for five months and given a two-year banishment, a punishment since expired....

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