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Poodry v. Tonawanda Band of Seneca Indians et al

Matter Name: Poodry v. Tonawanda Band of Seneca Indians et al
Client Name:Peter Poodry and other tribal members
Case Summary: Members of the Tonawanda Band of Seneca Indians petitioned for writs of habeas corpus under the Indian Civil Rights Act of 1968 and sought to challenge the legality of orders issued by members of the tribal council purporting to “banish” the members from the tribe and its reservation. District Court dismissed the petitions, and on appeal, the United States Court of Appeals for the Second Circuit reversed and held that the banishment orders were sufficient to permit habeas corpus jurisdiction; that the tribal members demonstrated a sufficiently severe restraint on liberty to be in custody for purposes of habeas jurisdiction, and that although the tribal council members were proper parties, the tribe itself was not a proper party
Date of DecisionMay 16, 1996
Practice AreaIndian Law and Litigation