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Federal Judge in California ruled on Costanoan Indians Lawsuit Against Non-Indian Trespasser

By 2 years ago

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Fed judge dismisses civil claims against a non-Indian due to federal law that gives the 'Costanoan Indians Tribal Court' jurisdiction as a sovereign nation

SAN JOSE, CA, USA, July 11, 2022 /EINPresswire.com/ -- Last Friday, the United States District for the Northern District of California ruled on the case of Kanyon Sayers-Roods, Power-of-Attorney for Ann-Marie Sayers of the Costanoan Indians of Indian Canyon v. Marlene Rita Machado.

This civil action involved the Tribal Council Chairwoman, President Kanyon Sayers-Roods of the Costanoan Indian Tribal Community of Indian Canyon, and a non-Indian lady, the tribal leader, alleged trespassing, committing mail fraud, and violating tribal community ordinances in Indian county.

United States District Court Judge Edward J. Davila stated in his court order that Roods's claims against Machado 'should have been resolved by the Costanoan Tribal Court in the first place.' Judge Davila further acknowledges United States Supreme Court precedent (Iowa Mut. Ins. Co. v. LaPlante, 480 U.S. 9, 18) of which upholds that 'Tribal authority over the activities of non Indians on reservations lands in an important part of tribal sovereignty and civil jurisdiction over such activities preemptively lies in the tribal courts unless affirmatively limited by a specific treaty provision or federal statute.'

The court record shows that the Costanoan-Chualar Indians Tribal Council's legal affairs office notified the Bureau of Indian Affairs regarding last Friday's court order concerning the tribal community.

Supporting Media Sources:

Court Order (Sayers-Roods, et al. v. Machado, Case No. 22-cv-03092-EJD, Doc. No. 38, Jul. 8, 2022) (https://bit.ly/3uEvNvL)

Tribal Council Letter to BIA Director, July 8, 2022 (https://bit.ly/3Is4OJt)

Office of Public Affairs (Costanoan Indians Tribal Council) - publicaffairs[at]costanoan.org / (831) 531-0055

Amanda Liu
Robert Peterson & Fields Associates PC
+1 213-986-4414
aliu@rpflegal.com