Wednesday, October 26, 2016

CA District Court Rules That Central Valley Miwok faction's Request for Injunction is DENIED

This long term case we wrote about in 2010 here 

The CVM accuses the Bureau, and Bureau officials, of violating federal law and the civil rights of the tribal members in denying federal funding and services to the Tribe.

However, the pleas for help only tell half the story. The recent history of the CVM is one of competing factions struggling to control the Tribe which eventually led to the disenrollment of a long-time Tribal leader.

Based on this disenrollment and the current CVM leadership’s failure to include eligible Tribal members, including the disenrolled, in the development and passage of the Tribe’s Constitution, the Bureau has declined to recognize the constitutional election and the current CVM Chairperson. As a result, there is no recognized Tribal government (according to the Bureau).

To thousands of California Indians who, over the last decade, were subjected to disenrollment and disenfranchisement from their Tribes or denied participation in tribal elections, what has occurred at CVM is nothing new.

The Courts ruled that

Preventing the implementation of the December 2015 Decision would also impair the interests of the United States and Tribe members in establishing legitimate
government-to-government relations, and preventing the Regional Director from determining the validity of other potential tribal governments would prevent Tribe members from receiving the benefits of a duly-recognized government. 

See the entire decision here

IT IS THEREFORE ORDERED that plaintiffs’ motion to stay
the Assistant Secretary’s December 2015 Decision pending final resolution of this case, considered as a motion for a preliminary injunction, be, and the same hereby is, DENIED.
Dated: October 24, 2016

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