Document Type

Article

Publication Date

5-4-2000

Abstract

  • In the Blackfeet Tribal Court of Appeals, the Court considered: (1) whether the Blackfeet Indian Housing Authority violated the plaintiff’s civil rights as guaranteed pursuant to the Indian Civil Rights Act by conducting a one-time drug test and terminating employee for failure to submit to the test, and (2) whether the Blackfeet Tribal Court has jurisdiction over the Blackfeet Indian housing Authority. 

  • The Court concluded both that the Plaintiff’s civil rights were violated and the Court does have jurisdiction over the Blackfeet Indian Housing Authority. 

  • The Blackfeet Indian Housing Authority is a public entity and any drug testing requirements for mandatory drug testing’s procedures must comply with the Indian Civil Rights Act. The Housing Authority violated its own policies by failing to perform according to their own policies regarding drug testing. 

  • Tribal Courts may adjudicate the civil rights of individuals pursuant to the ICRA but they may not provide tribal members with equitable relief against the Tribe, nor may they render money judgments against the Tribe. 

  • This Court concludes that it may not render a money judgment against the Tribe, nor may it enjoin the Tribe or a Tribal Agency, but it may interpret the ICRA and adjudicate the rights of individual tribal members with respect to that Act. 

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