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Monday, January 5, 2015

Fundraising Help Needed for Berry Creek Rancheria Disenrolled's lawsuit. WILL YOU HELP?

Can't march with protesters?  Live to far away to participate in events?  Well, you can HELP with a small donation to those members of the Berry Creek Rancheria  that have been disenrolled as they fight for their rights. They Stood up for their rights  to point of arrest, something MANY of us didn't do.   Here's their request at GO FUND ME, a fundraising website. $5 will help,  that's two gallons of gas that you might have spent helping at a protest, or Sacramento 

We are a group of NATIVES in need of assistance to retain legal council. The legal council will represent the group of former Tyme Maidu natives, which were injustly disenrolled and financially penalized by the corrupt Tribal Council of the Tyme Maidu Tribe. We plan to file suits against the tribe for blatant violations of tribal members civil rights. 

This case will serve as a starting point for all other natives that have been persecuted by the CORRUPTION strangling our tribes. We hope to set a precedent with this case, which will provide legal justification for many suits from other natives in the future.  Please support the unheard voices of all NATIVES, and show that we as a community can stand up to the bully Tribal Governments. A win for us in the court system will provide the building block for legislation changes to protect all tribal member's civil rights, and not leave us at the mercy of the greedy Tribal Governments.

CAN you help?  Each crack in the sovereignty dam benefits ALL who have been abused by corrupt tribes.


Anonymous said...

Could you put an ad up for a lawyer for the Pechanga disenrolled ,moratorium?

Seeking help from a corrupt council?

OPechanga said...

Sure, send me what you have, and I'll take a look at it.

Reinstatement_Restitution said...

Is there a more in depth analysis of the legal strategy they are developing? The problem we have seen is that each nation is treated independently, and a solution for one does not avail the other.

Also there have been egregious civil rights violations throughout Indian Country but there is no provision in the ICRA to prosecute the offenders, so the violations continue and in fact escalate.

For instance at Pala we hired a private investigation firm which uncovered indisputable evidence of civil rights violations. This evidence was turned over to the FBI nearly a year ago, but there have been no indictments.

At this point it seems the only legal action available to pursue prosecution for civil rights violations is an amendment to the ICRA. That will not come from the court. They will not legislate from the bench. Instead it must be legislation voted on in Congress.

Tribal Sovereignty will protect the tribal leaders, and has done so in every civil action brought before federal court. I don't wish to sound negative, but this must differ from all previous actions if it is to have an effect.

Anonymous said...

I'm well aware of ICRA, thanks.

Reinstatement_Restitution said...

Then there must be a new legal strategy to bring civil rights violators to justice or else any money raised will be wasted. This is why I ask how the Tyme Maidu plan to prosecute tribal leaders for civil rights violations when other such attempts have failed. It is a pertinent question especially in light of the effort at Pala that I shared.

I am also curious as to how it will impact other tribes. Answers to these questions will have an impact on the willingness of others to contribute. If indeed there is a possibility of a new approach that will help all Indians who have suffered civil rights violations at the hands of their tribal leaders I would be very interested, and would also encourage others to contribute.

Anonymous said...

what is it that you seek?
The rightness of wrong?

Anonymous said...

I think what fmr is saying is we have been down the civil rights violation road in the courts and have gotten nowhere. If there is a new route it would be beneficial to know that the money is not being wasted in a avenue already taken with a dead end. Rather put the money toward lobbying congress for a change to the icra rather than money wasted on a dead end road

Anonymous said...

Best of luck Brothers, I will be praying for the corrupt tribal councils. They are the ones that need our prayers. For they have lost their way.
If every illegally removed federally recognized tribal member wrote a letter to every tribe which practices the white way of illegal termination expressing their disgust for their actions. This could be a very powerful tool. We have seen first hand the power of letter campaigns.

Anonymous said...

what about prayer meeting?

White Buffalo said...

It is a legislative matter. The courts have stated this on numerous occasion. I would support an action against the corrupt tribal counsels if the law was changed.

Anonymous said...

Bands violating civil rights, and practicing that is not the Indian way. If we have to join up and write letters expressing our rights violations and seeking help from congress it's because the bad actors have ignored the truth, used their power unjustly against others. Instead of facing the truth, they try and rewrite the books. I saw we need to focus on this issue together. Pick up the pens and lets share the truth.

Reinstatement_Restitution said...

The leaders of the Berry Creek Rancheria have not violated my civil rights and a legal action against them would not provide any remedy for the violations that have been committed against me. This is why I ask what legal strategy is being developed that would aid those of other tribes whose civil rights have been violated.

A letter campaign is a good idea, but should be directed at the Senate Indian Affairs Committee and their Chairman Jon Tester, as well as a more direct campaign to local Congresspersons or Senators, and demand amendments to the ICRA to add a provision for enforcement and prosecution of violators.

Maybe all disenrolled Indians should organize a tax revolt against the US Government for failing to enforce Civil Rights laws. If all disenrolled Indians refused to pay income tax they would get some attention, and the numbers are large enough that the IRS would have a hard time collecting.

Some disenrollees might be able to claim sovereign immunity and force the IRS to prove that they are not tribal members in order to collect back taxes. Those with CDIBs and enrollment papers would be in good position to show that civil rights violations caused them loss of tribal citizenship and the BIA has decided that these are internal tribal matters when instead they extend far beyond the jurisdiction of the tribe.

Might be worth a try anyway...

Anonymous said...

Well no sense in posting a Pechanga ad with all these ( arm chair lawyers ) nobody has a chance.

Should just shut down the blog and go away?

Anonymous said...

"You want some cheese with your whine?" (arm chair people )?

White Buffalo said...

I would never support an illegal action like non tax compliance. That is just asking for trouble. As for letter writing some of us have been doing this since 2004. I do agree more letters from all of the disenrolled would be helpful. Lobbying would be the best way if we could match the money the tribes spend. Visible protest is a good avenue, yet this is hard given we do have to work to support ourselves so an occupy campaign may be out of our reach. I wish I had some brilliant idea, but I do not.

Anonymous said...

Have the Pechanga people ever thought about suing the BIA?

Your getting screwed by non-temecula Indians and you have the BIA paperwork to prove it?

Its not like you have to compel the BIA to turn over paperwork ( you already have it ) Duh ?

Why do you think the tribe is afraid and don't want your ass in court ?

Anonymous said...

Exactly, they don't want to share the truth. It's about time the good truth be shared. The liar don't have any proof.

Anonymous said...

write letters to Congress sharing the truth. No casino expansion should be allowed unless the corrupt acts are stopped.

Anonymous said...

Not all who have been disenrolled can use civil rights violations as an excuse. They tried to take over and failed! Their greed and lies got them disenrolled! Many of us will not join any more letter writing and protests because of them! We followed because we (trusted-blindly)and got disenrolled. They sold us down the river and we will never forget what we went through. These greedy few have cost us dearly! we lost our tribal identidy and our people turn their backs to us because we believed what was being told to us. I was fooled once but never again! I do not feel sorry for myself (If I got a DUI for driving drunk, it would be my fault! Would I deserve a PITY PARTY ? NO !!!! So why support GREEDY scounderls. NO SUPPORT. No pity parties.

Reinstatement_Restitution said...

If I understand you correctly, you are saying that some tribal members tried to take over the tribe, failed, and were disenrolled as a result. Now they claim that the disenrollments are a violation of their civil rights?

The two are separate issues. The tribe has a right to govern by its own laws, but they must provide due process and respect the civil rights even of those that are accused of wrongdoing. If the tribe violates individual civil rights then there should be some recourse for those who were harmed.

US Citizens have individual rights that are protected by the Constitution, but the BIA is pretending that US Citizen rights are separate from ICRA rights, and that they can't interfere in tribal membership disputes. There has been no challenge of this policy, and it might be an opportunity for disenrollees.

I have participated in legal research to identify recent BIA decisions of non-interference in tribal membership disputes. The BIA avoids addressing ancillary civil right violations and frames their decisions purely in jurisdictional terms. The BIA limits the scope of their decisions so they can decide only whether or not tribal law permits them to intervene.

If a group decided to file a class action suit against the BIA for collusion with tribal leaders in civil right violations they might have an opportunity for success. There are few if any precedents for such an action. A big chest of money would be necessary to fund such an action, and better legal minds than mine to determine its merit. but it is an idea worth exploring.

In this case the protections of the APA would be useless for the BIA. Would a federal judge rule that it is reasonable for the BIA to allow civil rights violations, to ignore repeated violations, and to offer deference to tribal leaders that perpetrate such violations? It definitely is far outside Santa Clara Pueblos v. Martinez, and not a necessary component of the right to determine membership. In my opinion it is the kind of legal action worth trying since it does not involve sovereign immunity or Santa Clara Pueblos v. Martinez, both of which have withstood repeated assaults in federal court.

How about a class action lawsuit against the BIA for enabling tribal leaders by refusing to interfere even in the case where there is direct evidence of theft, fraud, embezzlement and other criminal offenses in addition to civil rights violations. Unfortunately tribal members have failed to reign in their leaders. Instead of prosecuting the leaders for the crimes they have committed, they re-elect them and say the disenrollees are greedy and don't belong. This kind of lawsuit might not get very far because it targets the enablers instead of the offenders but it has the merit of revealing BIA complicity.

There is also another legal strategy that has possibilities. The US Government uses blood degree to establish tribal identity and eligibility for benefits. This could be interpreted as institutionalized racism which has led to the outing of groups of tribal members based on their race. The resulting bigotry has caused divisions among residents of reservations, and even acts of apartheid such as described at Pechanga. It might be time to challenge the abuse of blood degree and to demonstrate that it is outmoded due to inherent racism and generations of dilution.

The problem with this approach is that the right of tribes to determine membership is well established, and the court may rule that they are entitled to use whatever means to identify members they choose even if the BIA is ordered to discontinue the use of blood degree to determine tribal affiliation and eligibility for benefits.

The point is that there are still some legal options available that would help all Indians and not just those of a specific tribe, and perhaps creating a legal fund for class action lawsuits would be a more effective use of donations.

Anonymous said...

Wait are you talking about pechanga ? 9:53 ?

Anonymous said...

I feel that the blood degree that the U.S. government uses should be abolished. During the times that the census were taken are a mess. They are not accurate. If you can prove lineal heritage you should be a lineal voting member. Each tribe has it's regulations for handling disenrollment. If we have sovereign rights as Native tribes then why are we still using blood degree? I have never understood why we let this go on. DNA is a pretty good way to prove blood lines.

Anonymous said...

9:53 is not Pechanga.

Anonymous said...

The problem with this approach is that the right of tribes to determine membership is well established, and the court may rule that they are entitled to use whatever means to identify members they choose even if the BIA is ordered to discontinue the use of blood degree to determine tribal affiliation and eligibility for benefits.

The court by law must protect the real temecula Indians. ( Tribes cannot make up CIB's ) BIA paperwork is official and a felony if you (change it ).

If I was pala I would To Argue Vigorously that the BIA made the CIB's and they are legal and binding (case law).

Reinstatement_Restitution said...

The BIA has upheld the 1989 Final Decision on four separate occasions, but declined to comment on the appeal filed by William Pink regarding the decrease of blood degree by the Pala Executive Committee. They lumped his appeal in with the appeals filed by the disenrollees and pretended that their ruling to uphold the 1989 Final Decision while refusing to do anything to those who violated it was reasonable.

This is exactly what I meant when I said the BIA disregards ancillary issues and limits the scope of their decisions. Argue vigorously with the BIA if you like, but they are committed to the policy of non-interference. Now they are issuing CDIBs to disenrolled Pala Indians that state their blood degree but say that it is not valid for enrollment.

What action can Indians take against the Agency when the court rules their decisions are reasonable when in fact they are completely irrational and overt attempts to dodge the substance of the dispute? The Pala EC changed blood degrees for over 200 members without any supporting evidence. The BIA did nothing. The Pala EC certified a Constitution that was not voted on by a majority of the tribe even though tribal law requires a majority. The BIA says outside the statute of limitation, nothing can be done. The Pala EC disenrolls members that were ordered to be enrolled by the BIA. The BIA says that can't intervene.

Civil rights violations, blood degree changes, abuse of tribal laws, declarations testifying to election tampering, are all ignored by the BIA. All our evidence is just internal tribal matters to them. That is why we need new legal strategies to continue the fight against corrupt tribal leaders and the members they have enticed to support them.

The work goes on...

Anonymous said...

The Pala EC changed blood degrees for over 200 members without any supporting evidence.

They can't do this ,a Federal judge ruled this in another case. (tribes cannot alter CDIBs)

What do the blood degree's say that the BIA issued ?

Anonymous said...

see Sepulveda-Barraza 645F.3 at 1070. authentication of Certificate.

Reinstatement_Restitution said...

The recent CDIBs issued to Pala disenrollees, after waiting for over two years for the certificate, say that they are not valid for enrollment. I only know of one of these, and the blood degree quantum is in agreement with the 1989 Final Decision that says Margarita Britten was full blood.

So there are two different blood degree determinations. One has been issued by the BIA, and is valid for eligibility for federal benefits. The other comes from the Pala EC and has reduced Pala Band of Mission Indians blood degree by 1/2 making the individuals ineligible for enrollment.

The BIA appears to be taking the stance that the Pala EC has the right to determine membership, but not blood degree. It is what some might call diplomatic, others might call cowardly.

Anonymous said...

If the BIA blood degree is valid for federal benefits, then take advantage of them for now. It may help while you sort out everything else.

This may not be what you want to hear but at least take advantage of what you have available.

What exactly are the federal benefits provided?