KIOWA TRIBE OF OKLAHOMA, Individually as Parens Patriae to Seth Allan Lewis, Plaintiff-Appellant,
v.
Robert LEWIS and Diana Lewis, Defendants-Appellees.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
November 21, 1985.
November 21, 1985.
Attorney(s) appearing for the Case
Bertram E. Hirsch, Floral Park, N.Y., for plaintiff-appellant.
Robert L. Howard (Susan Lee Smith with him on briefs) of Foulston, Siefkin, Powers & Eberhardt, Wichita, Kan., for defendants-appellees.
Sue Wycoff and Susan Work Haney, Oklahoma Indian Legal Services, Oklahoma City, Okl., and Robert T. Anderson, Native American Rights Fund, Boulder, Colo., filed an amicus curiae brief on behalf of the Kickapoo Tribe of Oklahoma, Comanche Indian Tribe, Seminole Nation of Oklahoma, Rosebud Sioux Tribe of S.D., Iowa Tribe of Kan. and Neb., Coeur D'Alene Tribe, Menominee Indian Tribe of Wis., Sisseton-Wahpeton Sioux Tribe, Kickapoo Tribe of Kan., and the Association of Village Council Presidents of Alaska.
Barry Benefield, Doug Parr, and Albert Ghezzi, Native American Center Legal Program, Oklahoma City, Okl., filed an amicus curiae brief on behalf of the Association of American Indian and Alaska Native Social Workers, Inc., and the Oklahoma Indian Child Welfare Assn.
Roy Maurer, National Director, North American Council on Adoptable Children, Washington, D.C., filed an amicus curiae brief on behalf of the North American Council on Adoptable Children.
Robert R. Arnold of Bachmann, Arnold, Graybill & Craig, Wichita, Kan., filed an amicus curiae brief on behalf of T.M.L., the biological mother of Seth Allan Lewis.
Before BARRETT and LOGAN, Circuit Judges, and FINESILVER, District Judge.
United States Court of Appeals, Tenth Circuit.
LOGAN, Circuit Judge.
This is an appeal by the Kiowa Tribe of Oklahoma from an order of the district court denying its request for declaratory and injunctive relief under the Indian Child Welfare Act of 1978 (ICWA), 25 U.S.C. §§ 1901-1934. The Tribe collaterally attacks a Kansas state court judgment that allowed a non-Indian couple to adopt a child the Tribe contends is an Indian subject to the ICWA requirements. We must consider on appeal the preclusive...
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