Chilkat Indian Village, IRA v. Johnson
Chilkat Trial Court
20 Indian L. Rep. 6127 (1993)
- Written by Matthew Celestin, JD
Facts
The Chilkat Indian Village (the Chilkat) (plaintiff) was a clan within the Tlingit Indian Tribe (the tribe). In 1990, the Chilkat filed suit in tribal court against Michael Johnson, who was not an Indian, and a group of Chilkat members (collectively, defendants) for conversion of important artifacts in violation of tribal law. Johnson and the group of Chilkat members took the items, which were old and valuable, from the Chilkats’ fee land within Indian country, seeking to sell them. Under tribal law, artifacts may only be sold with the permission of the entire clan council, not just the permission of specific members of the clan. The Chilkat sought declaratory relief, injunctive relief for the return of the items, and money damages. Although Johnson was a non-Indian, the tribal court claimed jurisdiction over the matter. At trial, several tribal experts testified to the historical, cultural, and spiritual significance of the artifacts.
Rule of Law
Issue
Holding and Reasoning (Bowen, J.)
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