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Calif. Judge Trims Tribal Enrollment Suit Against DOI

Tiomkin Law Offices of Elliott Tiomkin > Legal News  > Calif. Judge Trims Tribal Enrollment Suit Against DOI

Calif. Judge Trims Tribal Enrollment Suit Against DOI

Law360 (August 13, 2020, 9:18 PM EDT) — A California federal judge has tossed part of a suit alleging the U.S. Department of the Interior unconstitutionally failed to enroll dozens of individuals in the San Pasqual Band of Mission Indians, ruling that the agency never waived its sovereign immunity to such a claim.

A group of San Pasqual Band members who are not recognized as such by the DOI’s Bureau of Indian Affairs had argued that the agency violated the equal protection clause of the Fifth Amendment by not adding them to the tribe’s rolls, while enrolling individuals who weren’t descended from San Pasqual members.

U.S. District Judge Anthony…

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