Federal Court Dismisses ICRA Habeas Claim against Seneca Nation by Tribal Member Facing Quasi-Banishment

Sorry about the “quasi-banishment.” It’s a made up word, I know. :)

Mr. Mitchell contended that the Council’s action imposing certain restrictions on him (following a federal indictment charging him with fraudulent acts in connection with his position with a Nation gaming enterprise) subjected him to custody for purposes of ICRA, and sought habeas corpus relief. The Court held that Mr. Mitchell is not subject to custody or detention, and did not reach the question of exhausting tribal court remedies.

Here are the materials in Mitchell v. Seneca Nation of Indians (W.D. N.Y.):

15-1 Memorandum in Support of Motion to Dismiss Under Rule 12(B)(1)

18 Mitchell Opposition Motion Dismiss 1

9 – SNI Reply – Motion to Dismiss

23 – Order Granting Motion to Dismiss

This entry was posted in Author: Matthew L.M. Fletcher, Research, Tribal Codes, tribal constitutions and tagged , , , . Bookmark the permalink.

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