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#1060291 - 08/04/09 11:16 PM More Tribal News
Rich_Tallcot Offline
Senior Member

Registered: 01/19/03
Posts: 4363
Loc: Greeneville, TN
http://turtletalk.wordpress.com

One more reason why tribal members are afraid to oppose their own governments. They have no rights, Constitutional or other.

Federal Court Dismisses Civil Rights Claim against Menominee Jail
Here is the opinion in Lyons v. Menominee Tribal Jail (E.D. Wis.) - DCT Order Dismissing Lyons Complaint
http://turtletalk.files.wordpress.com/2009/08/dct-order-dismissing-lyons-complaint.pdf

The petitioner was jailed for four months without seeing a judge - Lyons Pro Se Complaint.

An excerpt from the order (technically, an order refusing the petitioner to waive filing fees):

The complaint does not state a claim upon which relief may be granted. Section 1983, the civil rights statute, imposes liability on individuals who act under color of state law, but it does not apply to those acting under color of tribal law. Burrell v. Armijo, 456 F.3d 1159, 1174 (10th Cir.2006) ("A 1983 action is unavailable 'for persons alleging deprivation of constitutional rights under color of tribal law.' ") (quoting R.J. Williams Co. v. Ft. Belknap Hous. Auth., 719 F.2d 979, 982 (9th Cir.1983)). Accordingly, it will be dismissed for that additional reason. "Because plaintiff does not allege that defendant acted under color of state law, the district court was correct to grant summary judgment to defendant on that basis." Pounds v. Killion, 35 Fed. Appx. 819, 821, 2002 WL 1038774, *1 (10th Cir.2002).

The court also noted that no jurisdiction existed under the Indian Civil Rights Act:

Similarly, the Indian Civil Rights Act ("ICRA") does not provide a remedy. The only remedy provided in ICRA is that of habeas-style relief (i.e., release from custody)-it does not authorize damages actions after release. United States v. Becerra-Garcia, 397 F.3d 1167, 1171 (9th Cir.2005) ("We acknowledge that in the civil context, habeas corpus relief generally is the sole federal remedy for a violation of ICRA."); Stevens v. Skenandore, 2000 WL 1069404, * 1 (7th Cir.2000) ("Stevens cannot sue the individual Oneida defendants under the ICRA because the only remedy authorized by the statute is a habeas corpus proceeding brought against the tribe pursuant to 42 U.S.C. 1303.")

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#1060296 - 08/04/09 11:26 PM Re: More Tribal News [Re: Rich_Tallcot]
Rich_Tallcot Offline
Senior Member

Registered: 01/19/03
Posts: 4363
Loc: Greeneville, TN
http://www.greenbaypressgazette.com/arti...ver-VFW-permits

August 2, 2009
Hobart, Oneidas clash over VFW permits

Village, tribe both claim jurisdiction for building

By Malavika Jagannathan
mjaganna@greenbaypressgazette.com

A permit for the construction of a new veterans post building is the latest clash of jurisdictions between the village of Hobart and Oneida Tribe of Indians.

Both governments have now issued permits for a new building at 2980 E. Service Road to serve the Robert Cornelius Veterans of Foreign Wars Post 7784, which owns the property, but only after asserting each government's right to permit projects.

Initially, workers began demolishing the building on the property and erecting a new building for its members earlier this summer with permits from the tribal zoning department. But the village tagged the project because it hadn't acquired the necessary demolition and building permits from the village.

"Just like with churches, schools, any nonprofit organization, the village has jurisdiction and authority," said Elaine Willman, the village's director of community development and tribal affairs.

"We require a building permit."

The property owned by the VFW is not held in trust by the federal government but by the organization itself, according to Brown County land records. Trust land is exempt from a number of taxation laws.

The tribe believes it has exclusive jurisdiction and authority to require tribal members to obtain building permits from the tribal zoning department on land in the reservation, something the tribe's legislative body asserted in a resolution passed July 1. Almost all the members of the VFW post are tribal members.

"Ultimately in the discussion that took place, the tribe was firmly of the belief it had the jurisdiction to issue the permit," said the tribe's chief of staff, Bill Gollnick. "What was agreed to is that the VFW building should not be held hostage."

All of Hobart is within the boundaries of the reservation, and the tribe owns several thousand acres in the village, some of it in federal trust and tax exempt, as it attempts to reclaim lands it once owned.

Hobart responded with its own resolution, passed a day before it issued a building permit to the VFW post, asserting its jurisdiction over permitting matters within village boundaries.

"We hope this doesn't come up again," Willman said. "There are significant cases that give the village full authority over fee land, even fee land owned by a tribal member or tribal government."

The tribe waived all the permit fees for the VFW post. The village waived the penalties it had originally imposed for failing to acquire the permits, but it could not by state law waive the actual permit fees, Willman said.

Although both sides met to discuss the issue, tribal Chairman Rick Hill told the Green Bay Press-Gazette that the tribe prepared the resolution as a mechanism to ward off potential litigation.

"We need to preserve our sovereignty," Hill said. "We put it in the resolution why we didn't agree with the authority. We've got our own process, too."

For now, the issue seems to be resolved with the construction on the building. However, it is just the latest example of the rocky relationship between the tribe and the village that has played out inside and outside the courtroom.

"We work well with the federal government, we work well with the state government, we work well with other municipal governments," Hill said. "Except for Hobart."

The village previously had a three-year service agreement with the tribe, but negotiations failed to materialize for a second service agreement.

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#1060695 - 08/05/09 04:10 PM Re: More Tribal News [Re: Rich_Tallcot]
Rich_Tallcot Offline
Senior Member

Registered: 01/19/03
Posts: 4363
Loc: Greeneville, TN
Isn't 17 under age for gambling? I guess not if one has the governor bought and paid for.

http://www.uticaod.com/homepage/x2098088231/Police-Teen-robbed-at-Turning-Stone-Casino?view=print
Police: Teen robbed at Turning Stone Casino
Observer-Dispatch
Posted Aug 05, 2009
VERONA -
A 17-year-old male reported that he was robbed of $100 in casino chips Monday afternoon at the Turning Stone Resort & Casino, according to state police.

The state police's Bureau of Criminal Investigation Casino Unit, along with the Oneida Nation Police, continue to investigate the apparent strong-arm robbery that occurred in the Verona casino parking garage about 2:45 p.m. Monday, police said.

The teenager, from Bath, N.Y., reported that he had been punched in the face by an unknown assailant who then stole four $25 casino chips from him, police said.

No weapons were used or displayed in this incident, police said.

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#1060919 - 08/06/09 08:43 AM Re: More Tribal News [Re: Rich_Tallcot]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 28230
Loc: USA
Originally Posted By: Rich_Tallcot
The state police's Bureau of Criminal Investigation Casino Unit, along with the Oneida Nation Police,


And where were the Federal authories if this is on indian land?
_________________________
"OUR COUNTRY IS IN MOURNING, A SOLDIER DIED TODAY."

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#1060944 - 08/06/09 09:34 AM Re: More Tribal News [Re: Rich_Tallcot]
kyle585 Offline
Senior Member

Registered: 02/18/09
Posts: 9532
Loc: Somewhere out there
Originally Posted By: Rich_Tallcot
Isn't 17 under age for gambling? I guess not if one has the governor bought and paid for.


Good point.
_________________________
All NY taxpayers pay more because the tribes refuse to pay.


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#1060946 - 08/06/09 09:35 AM Re: More Tribal News [Re: bluezone]
kyle585 Offline
Senior Member

Registered: 02/18/09
Posts: 9532
Loc: Somewhere out there
Originally Posted By: bluezone
Originally Posted By: Rich_Tallcot
The state police's Bureau of Criminal Investigation Casino Unit, along with the Oneida Nation Police,


And where were the Federal authories if this is on indian land?


Another good point.
_________________________
All NY taxpayers pay more because the tribes refuse to pay.


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#1061009 - 08/06/09 11:47 AM Re: More Tribal News [Re: bluezone]
SilverFox Offline
Senior Member

Registered: 11/19/00
Posts: 6354
Loc: Waterloo
Originally Posted By: bluezone
Originally Posted By: Rich_Tallcot
The state police's Bureau of Criminal Investigation Casino Unit, along with the Oneida Nation Police,


And where were the Federal authories if this is on indian land?


Better question. If Casinos are illegal in NYS, why does the state BCI have a Casino Unit?
_________________________


Don't blame me. I voted for Romney. The lesser of two evils.

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#1061036 - 08/06/09 12:56 PM Re: More Tribal News [Re: SilverFox]
kyle585 Offline
Senior Member

Registered: 02/18/09
Posts: 9532
Loc: Somewhere out there
Originally Posted By: SilverFox
Originally Posted By: bluezone
Originally Posted By: Rich_Tallcot
The state police's Bureau of Criminal Investigation Casino Unit, along with the Oneida Nation Police,


And where were the Federal authories if this is on indian land?


Better question. If Casinos are illegal in NYS, why does the state BCI have a Casino Unit?


LOL. The good points here just keep acomin'
_________________________
All NY taxpayers pay more because the tribes refuse to pay.


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#1061298 - 08/07/09 07:18 AM Re: More Tribal News [Re: kyle585]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 28230
Loc: USA
Doubt Paterson would know?
_________________________
"OUR COUNTRY IS IN MOURNING, A SOLDIER DIED TODAY."

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#1061362 - 08/07/09 11:35 AM Re: More Tribal News [Re: bluezone]
SilverFox Offline
Senior Member

Registered: 11/19/00
Posts: 6354
Loc: Waterloo
Quote:
Better question. If Casinos are illegal in NYS, why does the state BCI have a Casino Unit?


Take it as a sign. It doesn't matter what the majority wants. We will get it anyhow. Compliments of dirty, back door political deals. Sign of the times - the majority no longer rules.
_________________________


Don't blame me. I voted for Romney. The lesser of two evils.

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#1062074 - 08/09/09 01:12 PM Re: More Tribal News [Re: Rich_Tallcot]
Rich_Tallcot Offline
Senior Member

Registered: 01/19/03
Posts: 4363
Loc: Greeneville, TN
Sen. Charles Schumer, D-N.Y., supports land into trust for tribes in New York. Sen. Charles Schumer, D-N.Y., supports setting precedent in opposing the U.S. Constitution, the U.S. Supreme Court, pre-emptive rights, state's rights and the people.

Indian Country Today
Nations seek N.Y. casinos

http://www.indiancountrytoday.com/national/northeast/52669102.html

At least four tribal nations are pursuing opportunities to open casinos in New York, but a number of roadblocks need to be dismantled before any of them can move forward.

Representatives of the Seneca Nation of Indians, the St. Regis Mohawk Tribe, the Stockbridge-Munsee Band of Mohicans, and the Shinnecock Indian Nation attended the two-day 8th Annual New York Gaming Summit at the Gideon Putnam Hotel and Conference Center in Saratoga Springs at the end of June.

All of them reiterated plans to pursue Class III gaming in various parts of the state.But all of them face obstacles, including land into trust or restricted fee status before any casino can be built.

A recent court filing by the Obama administration's Justice Department in an off reservation gaming case seems to continue Bush-era policies that make it difficult for tribes to take off reservation land into trust.

Of the four nations, the Shinnecock face the longest road to casino ownership: They must first achieve federal acknowledgment.

The nation, whose 800-acre reservation is on what is known as Southampton, Long Island, cleared a major hurdle toward that goal in May when it signed a court-ordered settlement with the Interior Department requiring the BIA to issue a proposed finding on the tribe's petition for federal acknowledgment by the end of the year.

The settlement resulted from a lawsuit the tribe filed against Interior after the secretary refused to abide by a federal court judge's 2005 ruling that the Shinnecocks are an Indian tribe according to the acknowledgment criteria and insisted instead that the tribe go through the BIA's recognition process.

The tribe is one of the oldest continuously self-governing sovereign nations in the country with one of the best documented petitions for federal acknowledgment, according to John A. Strong, a retired Long Island University professor who has written three books about the Indians of Long Island. The petition was filed in 1978, soon after the federal recognition process was established.

With a proposed finding by the end of the year, the tribe expects a positive final ruling sometime in 2010.

If the final determination is positive, and the tribe doesn't have to battle through another appeal, it still faces the often lengthy process of acquiring land in trust for a casino.

A split among Shinnecock tribal leaders became apparent at the Gaming Summit, according to the East Hampton Press.

Lance Gumbs, a former longtime head of the three-member tribal board of trustees who lost his bid for re-election this year, has always supported a casino in Suffolk County, near the tribe's territory. He was appointed last year to a Suffolk County Legislature subcommittee formed specifically to explore the possibility and economic benefits of a casino located somewhere in the county.

In a report that came out of that subcommittee, Gumbs said, "We started this for jobs for our people. It was supposed to be a place where Shinnecock people could work and have good paying jobs. There are some real bad examples out there of what just giving handouts does to tribe members."

If the tribe achieves federal acknowledgment without any further hitches, as expected, it could immediately open a Class II gaming facility on its reservation while tribal leaders sort out the location and details of a Class III operation.

The Seneca Nation, however, knows exactly where it wants to open a new casino: in Bridgeville, Town of Thompson, Monticello County, N.Y.

In May, Seneca President Barry Snyder and Sullivan County legislators and officials signed a mitigation agreement that will provide direct payments to the county from a proposed Class III Seneca casino.

The Stockbridge-Munsee Band also plans a casino in Thompson and the St. Regis Mohawks have revived its plans for a casino at the Monticello Raceway.

St. Regis' plans were in the final stages when the Interior Department pulled its approval in January 2008 a day after former Interior Secretary Dirk Kempthorne, a well-known opponent of off reservation casinos, issued a guidance memorandum establishing a new "commutability" standard for off reservation casinos based on the distance between a reservation and the casino location.

In April, the St. Regis Mohawks asked the Interior to rescind the document.

Sen. Charles Schumer, D-N.Y., supports the Sullivan County casino proposals and last month he asked Larry EchoHawk, the new BIA head, to take a fresh look at applications for Indian gaming there.

But a July 1 filing by the Justice Department said the St. Croix Band of Chippewa Indians of Wisconsin, which is seeking off reservation casino land, cannot challenge the off reservation policies of the Bush administration.

The nation's lawsuit makes two main claims: that the Bush administration changed the way off reservation casinos are reviewed in order to make it easier to reject them; and that the guidance memorandum was developed without tribal consultation or public input.

In the D.C. Circuit brief, Justice Department attorneys said neither claim can be reviewed in court because they don't represent a "final agency action."

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#1062204 - 08/09/09 11:01 PM Re: More Tribal News [Re: Rich_Tallcot]
Rich_Tallcot Offline
Senior Member

Registered: 01/19/03
Posts: 4363
Loc: Greeneville, TN
Hmmm, St. Regis? One of many tribes with their own casino. $349,000 in stimulous money? I would venture to say that they have spent that much on lobbyists and casino quests through Empire Resorts. Could this be Senator Schumer's way of paying them back or anticipation of being paid back?

Actually, I haven't seen anywhere that any part of the stimulous package accomplished the touted objectives. I don't doubt that these water projects are needed. But these and everyone elses package all appear to be short term projects with no long term growth funding governments, corporations and agencies that should and could be paying their own bills.

Stimulus funds for tribal water projects
American Indian and Alaskan communities are set to receive $90 million in stimulus funds for water and wastewater projects. Here's a sampling of where the money is going:

By The Associated Press

American Indian and Alaskan communities are set to receive $90 million in stimulus funds for water and wastewater projects. Here's a sampling of where the money is going:

Alaska - $3,918,750 for the native Village of Buckland for a lift station, sewer and forcemain, serving 105 homes.

Arizona - $1.14 million to the San Carlos Apache Tribe for regional water system improvements, serving 1,055 homes.

California - $6,371,470 to the Tule River Tribe for a wastewater treatment plant, serving 268 homes.

Kansas - $55,000 to Kickapoo Tribe to rehabilitate tanks, serving 200 homes.

Michigan - $190,600 to the Bay Mills Indian Community for pumphouse upgrades, serving 153 homes

Montana - $1,033,610 to the Crow Tribe for the first phase of a sewer lagoon, serving 564 homes.

New Mexico - $991,700 to the Mescalero Apache Tribe for a windmill water main, serving 612 homes.

New York - $349,000 to the St. Regis Mohawk Indians for water treatment plant upgrades, serving 1,146 homes.

North Carolina - $442,700 to the Eastern Band of Cherokee Indians to repair a leaking storage tank, serving 1,826 homes.

South Dakota - $1,010,300 to the Cheyenne River Sioux Tribe for backwash piping, serving 549 homes.

Utah - $139,000 to the Ute Indian Tribe to restore an old lagoon site, serving 70 homes.

Washington - $1,052,100 to Lummi Tribe for a water main, serving 1,053 homes.

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#1062269 - 08/10/09 06:15 AM Re: More Tribal News [Re: Rich_Tallcot]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 28230
Loc: USA
Originally Posted By: Rich_Tallcot
Sen. Charles Schumer, D-N.Y., supports land into trust for tribes in New York. Sen. Charles Schumer, D-N.Y., supports setting precedent in opposing the U.S. Constitution, the U.S. Supreme Court, pre-emptive rights, state's rights and the people.



Sounds like he has taken Sherwoods spot for pay-offs.
_________________________
"OUR COUNTRY IS IN MOURNING, A SOLDIER DIED TODAY."

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#1062270 - 08/10/09 06:17 AM Re: More Tribal News [Re: Rich_Tallcot]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 28230
Loc: USA
Originally Posted By: Rich_Tallcot
New York - $349,000 to the St. Regis Mohawk Indians for water treatment plant upgrades, serving 1,146 homes.


All the millions of dollars they profit from their casino must not be intended for the water treatment plant.
And tomorrow they will complain about being sovereign...............
_________________________
"OUR COUNTRY IS IN MOURNING, A SOLDIER DIED TODAY."

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#1062436 - 08/10/09 03:57 PM Re: More Tribal News [Re: bluezone]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 28230
Loc: USA
Spoke too soon as the Mohawks are suing NYS. Have to laugh.........
_________________________
"OUR COUNTRY IS IN MOURNING, A SOLDIER DIED TODAY."

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#1062458 - 08/10/09 05:24 PM Re: More Tribal News [Re: bluezone]
SilverFox Offline
Senior Member

Registered: 11/19/00
Posts: 6354
Loc: Waterloo
When oh when will our government wise up and put an end to all this mess once and for all?
_________________________


Don't blame me. I voted for Romney. The lesser of two evils.

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#1062581 - 08/10/09 09:58 PM Re: More Tribal News [Re: SilverFox]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 28230
Loc: USA
Paterson is on vacation.
_________________________
"OUR COUNTRY IS IN MOURNING, A SOLDIER DIED TODAY."

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#1062588 - 08/10/09 10:09 PM Re: More Tribal News [Re: bluezone]
SilverFox Offline
Senior Member

Registered: 11/19/00
Posts: 6354
Loc: Waterloo
Does that really matter. Paterson isn't about to do any thing that might kill his chances for casinos.
_________________________


Don't blame me. I voted for Romney. The lesser of two evils.

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#1062596 - 08/10/09 10:15 PM Re: More Tribal News [Re: SilverFox]
bluezone Offline
Diamond Member

Registered: 12/19/04
Posts: 28230
Loc: USA
The farther he stays away from Albany the better off we are.
_________________________
"OUR COUNTRY IS IN MOURNING, A SOLDIER DIED TODAY."

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#1063779 - 08/13/09 10:22 AM Re: More Tribal News [Re: bluezone]
Littleone Offline
Member

Registered: 01/06/09
Posts: 74
Loc: Some where
Southern Poverty Law Center ( SPLC )


August 12, 2009

Dear Friend,

As you may have seen in the news today, we've just released a new report about the resurgence of the right-wing militia movement a movement steeped in paranoia and infused with a boiling rage against President Obama.

Back in 1994, we detected similar stirrings among those in the radical right, and we warned the federal government that the "mixture of armed groups and those who hate is a recipe for disaster." Six months later, 168 people were murdered in the Oklahoma City bombing.

Today, we're facing a similar situation. One federal agent told us that "all it's lacking is a spark."

Anti-government militias are just one part of an explosion of extremist rage in America a backlash to Obama's election and to the progress we're making toward social justice and tolerance. These groups and their allies traffic in bizarre conspiracy theories like the claim that Obama is not really a U.S. citizen and that he wants to euthanize senior citizens.

The Department of Homeland Security has recently warned that right-wing extremists such as these militias currently pose the No. 1 threat of domestic terrorism.

The fact is, we're already seeing acts of terror. Six law enforcement officers have been murdered by extremists in recent months, and Obama has received more threats than any other president.

We're working hard to keep law enforcement agencies at every level up to date with the latest and most accurate intelligence about these extremists and their activities.

Please read our new report and pass it along to your friends and family. We all need to stay informed so that we can fight back against this rising tide of extremism.

Thank you for supporting our work and remember to speak out against hate and intolerance in your community.
Morris Dees photo

Sincerely,
Morris Dees
Morris Dees
Founder

Article: http://www.splcenter.org/index.jsp


Edited by Littleone (08/13/09 10:56 AM)
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