9th Circ. Won't Revive RICO Claims Over Nooksack Enrollment

Law360 (May 5, 2021, 7:25 PM EDT) -- The Ninth Circuit declined to revive Racketeer Influenced and Corrupt Organizations Act claims from Nooksack Indian Tribe members alleging tribal officials conspired to disenroll them, ruling that the federal government's recognition of tribal leadership deprived the court of jurisdiction.

In a unanimous, unpublished decision, the panel affirmed a Washington federal judge's finding that the U.S. Department of the Interior's decision to reinstate recognition of the tribe's leadership following a December 2017 election meant that he could no longer consider the tribe members' claims under the RICO Act.

Tribal enrollment decisions are generally beyond the power of federal court's to review, the...

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