Disenrollment is not a detention under ICRA

Disenrollment of plaintiffs from Indian tribe, which resulted in a loss of access to certain facilities, did not pose a severe restraint on plaintiffs’ liberty and therefore did not amount to a detention. Alleged potential threat of future eviction was also insufficient. As federal appellate court lacked jurisdiction to review direct appeals of tribal disenrollment decisions, plaintiffs could not...
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Robinson v. US, No. 07-17052

November 9, 2009: In an action against the U.S. for encroachment onto plaintiffs’ easement, the dismissal of the action for lack of subject matter jurisdiction under the Quiet Title Act is vacated where the district court needed to determine whether plaintiffs could assert jurisdiction under the Federal Tort Claims Act. This case involves land held in trust by the United States for the Mooretown...
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