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Day v. Apoliona

United States Court of Appeals for the Ninth Circuit
496 F.3d 1027 (2007)


The Hawaii Admission Act required Hawaii to hold federal land in public trust for five purposes, one of which was for the betterment of the conditions of Native Hawaiians. Day and other native Hawaiians (Day) (plaintiffs) sued Apoliona (defendant), a trustee of the Office of Hawaiian Affairs (OHA), under 42 U.S.C. § 1983, alleging that the OHA misspent § 5(f) trust money in two ways. First, by lobbying for a bill that would have created a Native Hawaiian Governing Entity that did not consider blood-quantum requirements as required by law. Second, by supporting three social-services programs that were not limited to Native Hawaiians. The district court dismissed the complaint, holding that a violation of § 5(f) was not enforceable under § 1983.

Rule of Law


Holding and Reasoning (Berzon, J.)

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