Jessica Tavares, Dolly Suehead, Donna Caesar, Barbara Suehead v. Gene Whitehouse, Calvin Moman, Brenda Adams, John Williams, Danny Rey, in their official capacities as members of the Tribal Council of the United Auburn Indian Community
Published: Aug. 30, 2014 | Result Date: Mar. 21, 2014 | Filing Date: Jan. 1, 1900 |Case number: 2:13-cv-02101-TLN-CKD Bench Decision – Dismissal
Court
USDC Eastern
Attorneys
Plaintiff
Defendant
Facts
Jessica Tavares, Dolly Suehead, Donna Caesar, and Barbara Suehead filed a writ of habeas corpus, naming individuals empowered to provide them relief including Gene Whitehouse, Calvin Moman, Brenda Adams, John Williams, and Danny Rey, in their official capacities as members of the Tribal Council of the United Auburn Indian Community. This petition was filed in connection with petitioners' petition to recall the 2011 Tribal Council members.
Contentions
PETITIONERS' CONTENTIONS:
Petitioners sought to recall the 2001 Tribal Council members. However, their recall campaign was unsuccessful. Petitioners claimed that the Tribal Council punished them by banishing them from all tribal lands and from participating in any tribal activities, including running as candidates for election for periods ranging from two to ten years. Petitioners filed for habeas relief, arguing that their punishment amounted to unlawful restraints on their liberty.
RESPONDENTS' CONTENTIONS:
Respondents moved to dismiss the petition for lack of jurisdiction.
Result
The court granted respondents' motion to dismiss for lack of jurisdiction. Consequently, petitioner's petition for writ of habeas corpus was dismissed. Accordingly, the court entered judgment in favor of respondents.
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