Federal court upholds tribal court's jurisdiction

by: David Melmer

ST. LOUIS - The 8th Circuit Court of Appeals has affirmed a discrimination verdict in favor of tribal members and validated tribal court jurisdiction.

The Cheyenne River Sioux Tribal Court and the tribal appeals court awarded a nearly $1 million judgment in favor of tribal members who claimed they were discriminated against by a commercial bank because they were tribal members.

Ronnie and Lila Long, owners of the Long Family Land and Cattle Company Inc., claimed the Plains Commerce Bank, formerly the Bank of Hoven, withdrew a promised loan to them based on the fact that they were tribal members. The Longs lost nearly 500 head of cattle in the harsh winter of 1996 - '97 because the loan was withdrawn by the bank.

The Longs filed the lawsuit in 2003 in tribal court and were awarded nearly $900,000 in damages, interest and costs. That verdict was upheld by the Cheyenne River Sioux Tribal Court of Appeals.

The bank then moved the case to federal court with the claim that the tribal courts had no jurisdiction over discrimination cases. The U.S. District Court affirmed the tribal court's jurisdiction and the 8th Circuit Court of Appeals upheld that determination.

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