Ronald Allen, Jr. v. Robert Smith

Good Law
597 F. App'x 442
United States Court of Appeals for the Ninth CircuitMarch 16, 201513-55552California893 words

Opinion

Opinion

MEMORANDUM

Ronald D. Allen and twenty-six other former members of the Pala Band of Mission Indians (“Appellants”) appeal the district court’s order dismissing this case for want for subject matter jurisdiction. We affirm.

1. “Ordinarily, federal courts lack jurisdiction to consider an appeal from the decision of an Indian Tribe to disenroll one of its members.” Jeffredo v. Macarro, 599 F.3d 913, 917 (9th Cir.2010). “A tribe’s right to define its own membership for tribal purposes has long been recognized as central to its existence as an independent political community.” Santa Clara Pueblo v. Martinez, 436 U.S. 49 , 72 n. 32, 98 S.Ct. 1670 , 56 L.Ed.2d 106 (1978). Understanding this precedent, Appellants did not challenge the Pala Band of Mission Indians’, (the “Tribe’s”) disenrollment decision directly, but instead filed suit against present and former members of the Tribe’s Executive Committee (“Appellees”) in their individual capacities, asserting violations of various federal statutes and common law principles. Appellants’ prayer for relief included (1) “a declaratory judgment that the [Appellees’] improper disenrollment of [Appellants] constitutes violations of their civil…

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