============================================================ Join HP, Oracle, PeopleSoft, i2, SAP and Epicentric for an executive level event covering advanced enterprise solutions for supply chain management & more. http://click.topica.com/caaajKmb1ddNBb2HgmNb/HewlettPackard ============================================================Subj:FWD: [ndn-aim] Jurisdiction issue in Rosebud Court
Date: 04/02/2002 8:20:08 PM Eastern Standard Time
( I sent this out eariler this afternoon, I wanted to get this passed out far and wide, since it involves Our Indian Children and the way the State been aggressively taken Indian Children from Our Land, territory. to those who received this in a attachment Please overlook. We would like to get some positive media coverage on this day. Thank you Alfred Bone Shirt )
Memo: To Whom It May Concern
I HAVE BEEN ASKED BY THE DAKOTA-LAKOTA-NAKOTA HUMAN RIGHTS ADVOCACY COALITION AND THE SICANGU LAKOTA GRASSROOTS OYATE TO PREPARE A BRIEF SUMMARY OF THE ISSUES RAISED IN THE CLASS ACTION LAWSUIT, SWALLY, ET.AL., AGAINST THE SOUTH DAKOTA DEPARTMENT OF SOCIAL SERVICES, ET. AL., IN THE ROSEBUD SIOUX TRIBAL COURT.
THE ROSEBUD SIOUX TRIBAL COUNCIL AUTHORIZED ME TO BRING A CLASS ACTION LAWSUIT AGAINST THE STATE OF SOUTH DAKOTA'S DEPARTMENT OF SOCIAL SERVICES IN THE TRIBAL COURT. THE PLAINTIFFS, IN THEIR LAWSUIT, CHALLENGE THE STATE'S PRACTICES OF TAKING LEGAL CUSTODY OF INDIAN CHILDREN ON THE ROSEBUD RESERVATION AS A VIOLATION OF THE TRIBE'S SOVEREIGNTY AND THE FAMILIES' RIGHTS TO DUE PROCESS OF THE LAW.
IN THIS CLASS ACTION LAWSUIT, THE CLASS BRINGING THE LAWSUIT CONSISTS OF ALL INDIAN PARENTS AND CHILDREN ON THE RESERVATION. I REPRESENT THAT PLANTIFF-CLASS.
THE STATE OF SOUTH DAKOTA'S DEPARTMENT OF SOCIAL SERVICES HAS FILED A MOTION TO DISMISS THE LAWSUIT, CLAIMING THAT THE TRIBAL COURT HAS NO JURISDICTION OVER THE STATE DEPARTMENT OF SOCIAL SERVICES (D.S.S) OR IT'S CASEWORKERS, EVEN THOUGH THE STATE D.S.S GOES INTO TRIBAL COURT AND TAKES CUSTODY OF INDIAN CHILDREN BY APPLYING FOR CUSTODY ORDERS FROM THE TRIBAL COURT.
THROUGH ITS ATTORNEY, ERIC ANTOINE, THE ROSEBUD SIOUX TRIBE HAS ALSO FILED A BRIEF WITH THE COURT, IN WHICH THE TRIBE ARGUES THAT THE TRIBAL COURT DOES HAVE JURISDICTION OVER THE STATES D.S.S., AND THAT THE STATE IS UNLAWFULLY EXERCISING STATE AUTHORITY ON THIS RESERVATION.
THE HONORABLE JUDGE BRIAN COLLINS, OF THE ROSEBUD SIOUX TRIBAL COURT, HAS ORDERED THE PARTIES TO MAKE ARGUMENTS ON THE MOTION TO DISMISS AT A HEARING IN THE TRIBAL COURT AT 9:00 A.M. ON FRIDAY, APRIL 12, 2002. THE ISSUE TO BE DECIDED IS WHETHER THE TRIBAL COURT HAS JURISDICTION OVER THE STATE DEPARTMENT OF SOCIAL SERVICES AND ITS CASEWORKERS ON THE ROSEBUD RESERVATION.
DANA HANNA
PUBLIC DEFENDER
ROSEBUD SIOUX TRIBAL COURT`
============================================================ Doing your TAXES? Maybe it's time to... BECOME A FOOL! * IRAs * Retirement Strategies plus...Money-Saving Tips & Investing Guides. Get FREE info. Register for FREE with The Motley Fool. http://click.topica.com/caaajOJb1ddNBb2HgmNg/TheMotleyFool ============================================================
Visit and show your support for the Grass Roots Oyate http://members.tripod.com/GrassRootsOyate Clemency for Leonard Peltier. Sign the Petition. http://petitiononline.com/Release/petition.html
==^================================================================ This email was sent to: archive@jab.org EASY UNSUBSCRIBE click here: http://topica.com/u/?b1ddNB.b2HgmN Or send an email to: [EMAIL PROTECTED] T O P I C A -- Register now to manage your mail! http://www.topica.com/partner/tag02/register ==^================================================================
