Nooksack Issues TRO in Nooksack Tribal Christmas Checks Dispute with Proposed Disenrollees

Here are the new materials in St. Germaine v. Kelly (Nooksack Tribal Court):

St Germain v Kelly Brief in Support of TRO Relief

St Germain v Kelly Defendants’ Response in Opposition to Motion for TRO

St Germain v Kelly Order Granting Motion for TRO

An excerpt from the order:

Therefore, the Court finds that, at this preliminary TRO stage in this matter, the Defendants have violated the Nooksack Indian Tribe’s Constitution, Article IX and the Equal Protection clause of the Indian Civil Rights Act in passing Resolution 13-171 and acting upon it. The Court orders that the Defendants be enjoined from treating the proposed disenrollees differently from other tribal members with respect to the Christmas Support distribution. However, the Court finds that the Court cannot order specific relief requiring the expenditure of tribal funds. The Court hopes, however, that the Defendants will consider the implications of Resolution 13-171 and treat the Plaintiff proposed-disenrollees fairly, despite the fact that the Court is prohibited by the law from ordering them to do so.