Wednesday, May 6, 2009

Judge Rules For Brokenwing's Injunction

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Judge Jane Freeman ruled for Brokenwing today in a Tribal Court hearing on Brokenwing's injunction request and to accept Brokenwing's amended court complaint waged against the good standing process.

Judge Freeman ruled that the good standing determination against Brokenwing be removed from the Tribal website until further notice and provide the court the date in which the good standing resolution will be removed from the Tribal website, that the Tribe halt the publication of the good standing determination in Wuskuso and that the Tribe be restrained from implementing its good standing punishment against Brokenwing Bill.

The judge said that the Plaintiff (Brokenwing) was deprived the opportunity to cross-examine witnesses, an essential component of due process and agreed with Brokenwing that the good standing hearings were not meaningful under the Indian Civil Rights Act and the Mohegan Constitution. Brokenwing established the requisite standards for the injunction, including establishing that he would be significantly and irreparably harmed which far outweighs any harm to the Tribe in halting the good standing punishment and its publication.

Brokenwing represented himself while the Tribe and the Council of Elders were represented by three attorneys. The decision was read aloud at about 4:15 this afternoon.