Tavares v. Whitehouse
United States Court of Appeals for the Ninth Circuit
851 F.3d 863 (2017)
Relevant factsFree
Tribal council members (defendants) temporarily banned four Auburn tribe members (plaintiffs) from tribal lands and facilities and withheld their per capita payments after they publicly accused the council of dishonest financial dealings; the women sued under ICRA § 1303's habeas provision, and the trial court dismissed for lack of subject matter jurisdiction, finding the punishment did not amount to a qualifying detention.
IssueFree
Whether federal courts have jurisdiction under the Indian Civil Rights Act to review decisions that ban tribe members permanently but not those that merely exclude members temporarily or withhold economic benefits.