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....

Read more here:


Anonymous said...

When the Mirandas were banished from Pechanga does that mean the don't receive per capita?

OPechanga said...

That is my understanding.

Interesting how THIEVES get better treatment than rightful members of Pechanga, including Tosobol descendants

Anonymous said...

Cant you all see that the government,and the B.I.A. want to get rid off all tribes ,and our readers are helping them ,by all this disenrollments,on the res,get rid off our leaders now before to late.It will happen no more percaps.

WeRone said...

When a band as a whole makes a decision and "votes to stop ALL disenrollmets, allow ALL current tribal members to stay enrolled" and the current tribal council not all voting members at the time of the vote ignores the vote, goes against custom and tradition, and sweeps or disenrolls certain tribal members against the will of the people anyways. Then the tribal council who ignored the will of the people hide behind Sovereignty and say lets move on. Shameful actions our Ancestors do not deserve. All decisions of the band are made by the band, except if the the disenrollment of members. Crazy but TRUE

Anonymous said...

We should have a pow wow and invite all the Chairman and all the corrupt EC members.
Then shove all of them into a big hole and cover it up and dance on it until the sun raises up and start a new beginning.