Federal Court Dismisses ICRA Action Against Seneca Nation

On March 29, 2013, the United States Court for the Western District of New York dismissed a petition for habeas corpus under the Indian Civil Rights Act against the Seneca Nation of Indians and its Councilors.  The firm defended the Nation and Council, which had acted to protect the best interests of the Nation and its citizens following a federal indictment of the plaintiff on charges of theft and fraud while acting as an officer of the Nation’s gaming enterprise.  The Court held that the plaintiff was not subject to custody, detention, or banishment, and thus his remedies to challenge the Council’s action lie in the Seneca Nation, not federal court.  For a copy of the decision, click here.