United States DC Circuit

In a suit by descendants of Cherokee-owned slaves alleging that the Secretary of the Interior violated numerous laws and constitutional provisions by certifying the results of a tribal election in which plaintiffs were disenfranchised, the circuit court rules that the officers of the Cherokee tribe may be named as defendants as sovereign immunity protects a federally-recognized Indian tribe, but not its officers, from suit.

Appellate Information

• Argued 05/06/2008
• Decided 07/29/2008
• Published 07/29/2008

Judges

• Before:  TATEL, GARLAND, and GRIFFITH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Garret G. Rasmussen argued the cause for appellant.   With him on the briefs were Raymond G. Mullady Jr., Lanny J. Davis, and Adam W. Goldberg.   Christopher M. O'Connell entered an appearance.


• For Appellees:
  
• Jonathan Velie argued the cause for appellees.   With him on the brief were Jack McKay, Alvin B. Dunn, Thomas G. Allen, and Ellen C. Cohen.