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Thelawman2, Attorney
Category: Legal
Satisfied Customers: 1029
Experience:  Attorney-at-Law
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I am a woman with native American kids and I've been

Customer Question

I am a white woman with native American kids and I've been banished off the reservation ..back in 2014 I was taized by a tribal cop for being on my x husbands property I had a no negative contact order and there was a conflicting order of a tribal restraining order the d.a is prosecuting the cop ..I need advice on what I should do my kids are suffering..and my banishment was for not paying a fine of 475..which I an rectifying now what do I do the tribal council is using this cop case against me and my family and is causing great emotional damage..please help I feel victimized by both the d.a. and the tribe. Because I am homeless now..
Submitted: 19 days ago.
Category: Legal
Expert:  Thelawman2 replied 19 days ago.

Hello, my name is ***** ***** I will be helping you today.

Generally, tribal officials cannot be sued because of tribal immunity, which provides that the federal and state government can not impose there legal system on tribe members.

Unfortunately, the only way to ensure that your rights are upheld is to bring a suit in a tribal court; but in many reservations, there is no such thing. If there was, you can bring an action against these individuals for harassment. It's just an unfortunate way that the tribal system is setup in that if the leaders do not want to provide rights, there is really no one you can turn to who can stop the tribe from doing what they are doing.

I would suggest finding a local attorney who focuses on Native American law who might be able to help you navigate this thicket because the federal and state system in the US has basically turned a blind eye to this issue.

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