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Government
Public Records
Indigenous Person's Rights

Joudon Van Hope-el v. United States Department of State

Published: Mar. 8, 2019 | Result Date: Jan. 22, 2019 | Filing Date: Apr. 2, 2018 |

Case number: 1:18-cv-0441-JLT Bench Decision –  Defense

Judge

Jennifer L. Thurston

Court

USDC Eastern District of California


Attorneys

Plaintiff

Pro Per


Defendant

Audrey B. Hemesath
(Office of the U.S. Attorney)


Facts

Joudon Van Hope-el filed suit against the United States Department of State in relation to Van-Hope-el's attempt to have his indigenous title added to his passport.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff alleged that the defendants violated his Indigenous Person's Rights by refusing to put his cultural title on his passport.

DEFENDANT'S CONTENTIONS: Defendant contended that plaintiff's complaint should be dismissed because the court lacked subject matter jurisdiction and the plaintiff failed to allege facts upon which relief could be granted.

Damages

Plaintiff sought $50 million in damages.

Result

The court granted defendant's motion to dismiss finding that plaintiff failed to meet his burden of proving that the court had subject matter jurisdiction over his claims, and that plaintiff also failed to allege sufficient facts supporting his claims.


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