Wednesday, July 30, 2008

No Joinder of Cherokee Nation to Freedmen lawsuit

Cherokee officials open to lawsuit from Freedmen
Tuesday, July 29, 2008
Filed Under: Law

Officials of the Cherokee Nation, but not the tribe itself, can be sued by the Freedmen, the D.C. Circuit Court of Appeals ruled today.

In a unanimous decision, the court said the tribe cannot be joined as an indispensable party to a lawsuit filed by descendants of former Cherokee slaves. The Freedmen plaintiffs sued the Interior Department to enforce an 1866 treaty.

for the rest of the story:
http://www.indianz.com/News/2008/010061.asp

See also In Re Young below - this was the basis for the suit against Tribal Officials - an injunction which the Tribal attorney's had already stipulated to