Day v. Apoliona

496 F.3d 1027 (2007)

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Day v. Apoliona

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

  • Written by Nathan Benedict, JD

Facts

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

Issue

Holding and Reasoning (Berzon, J.)

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Casebooks

Indian Law

Key Terms

  • StandingA legal doctrine limiting the right to sue to those parties who can show some injury to their legal rights, a specific grievance or impact that can be remedied by judicial action, or a statutory basis for bringing a suit.
  • TrustA legal arrangement in which one person (a trustee) holds title to property for the benefit of another.
  • 42 U.S.C. § 1983Federal law that allows individuals to sue state officials for violating their constitutional rights while acting under “color” of state law.

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