Quinnehtukqut Legal News
| A publication of Pine Tree Legal Assistance |
Winter 1998
Native American Legal Briefs
Table of Contents
Mashantucket Pequot Tribal members subject to civil jurisdiction of Connecticut courts
Lending discrimination case settled; South Dakota Native Americans benefit
How can I tell if I am a victim of lending discrimination?
Mashantucket Pequot Tribal members subject to civil jurisdiction of Connecticut courts
Marilyn Charles, who lives in Rhode Island, asked the Connecticut Superior Court for a divorce from her husband, Owen Charles, a member of the Mashantucket Pequot Tribe living on the reservation in Ledyard. The Court decided that it could not hear the divorce, since the wife lived out of state and the husband was a member of the Tribe. The Supreme Court of Connecticut recently reversed that decision.
In a decision issued in November of 1997, The Supreme Court decided that members of the Mashantucket Pequot Tribe could be sued in State Court. The Court reached its decision by looking at federal law.
Under The Indian Civil Rights Act of 1968, members of Indian Tribes are subject to the civil jurisdiction of state courts only when a majority of the adult Indians have voted to accept jurisdiction. No such election has been held by the Mashantucket Pequots. However, the Court decided that another law overruled this general rule.
In 1983, Congress enacted the Mashantucket Pequot Indian Claims Settlement Act. The Connecticut Court looked at the language of that Act and decided that state courts have jurisdiction over Tribal members even though the Tribe did not vote to accept jurisdiction.
The decision only affects suits against individual members of the Pequot Tribe. It does not deal with any issues about whether the tribe itself can be sued. Also, the ruling only affects the Mashantucket Pequots.
This decision is consistent with an earlier case in which the Connecticut Court ruled that members of the Mashantucket Pequot Tribe were subject to the criminal jurisdiction of the State Courts.
Lending discrimination case settled;
South Dakota Native Americans benefitA recent Justice Department settlement with a Nebraska bank will benefit Native Americans in South Dakota living on or near the Pine Ridge Reservation. The settlement is designed to make sure that Native Americans are treated fairly when they ask for a loan and to compensate those who were treated unfairly in the past.
The Justice Department claimed that loan officers for the First National Bank of Gordon refused to make secured loans if the collateral was located on a Native American reservation. The Department also claimed that the bank had credit requirements for Native Americans which were not used for white applicants.
Under the settlement, the bank agreed to a number of conditions. Among these were the creation of a $175,000 fund to be used to compensate those harmed by the bank; setting up a money management education program to show Native Americans how to establish and maintain credit with the bank; and taking steps to increase the pool of qualified Native Americans to be considered for employment as loan officers at the bank.
How can I tell if I am a victim of lending discrimination?
You probably won't hear anyone say, "We don't make loans to Native Americans." What you will hear is:
Your debt-to-income ratios are too high.
Any time you're denied a loan, or the terms and conditions are changed, you could be a victim of lending discrimination. Call and find out. Contact HUD at 1-800-669-9777. TDD 1-800-927-9275. Statewide Legal Services at 1-800-453-3320.
