SHENANDOAH v. HALBRITTER

No. 03-7862.

366 F.3d 89 (2004)

Maisie SHENANDOAH, Elwood Falcon, Diane Shenandoah, Adah Shenandoah, Minor Child by and through her Mother Diane Shenandoah, Pete Shenandoah, Minor Child by and through his Mother Diane Shenandoah, Cameron Shenandoah, Minor Child by and through his Mother Diane Shenandoah, Danielle Patterson, Clairese Patterson, Minor Child by and through her Mother Danielle Patterson, Jolene Patterson, Minor Child by and through her Mother Danielle Patterson, Preston Patterson, Minor Child by and through his Mother Danielle Patterson, Victoria Shcenandoah-Halsey, Matthew Jones, Wesley Halsey, Minor Child by and through his Mother Victoria Schenandoa-Halsey, Vincent Halsey, Minor Child by and through his Mother Victoria Shenandoah-Halsey, Monica Antone-Watson, Martina Watson, Minor Child by and through her Mother Monica Antone-Watson, Kyle Watson, Minor Child by and through his Mother Monica Antone-Watson, Lawrence Thomas and Arnold Thomas, Petitioners-Appellants, v. Arthur Raymond HALBRITTER, Peter Carmen, Marilyn John, Dick Lynch, Paul Rinko, Stewart F. Hancock, Richard D. Simons, Arthur Pierce, Gary K. Gordon, "John Does", being all members of the Men's Council, "Jane Does", being all members of the Clan Mothers, Jeff Jost, Jack McQueenie, Dan Caputo; Kevin Storm; Chris Manwaring; Gene Rifenburg; Larry Kutz; Officer Urtz; Frank Siminelli; Lori Billy; Corky Ryan; Kevin O'Neil; Bill Pendock; and Oneida Housing Corporation, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided: April 2, 2004.


Attorney(s) appearing for the Case

Donald R. Daines, Esq., Hill Wallack, Princeton, NJ, for Petitioners-Appellants.

Michael R. Smith, Esq., Zuckerman Spaeder LLP, Washington, DC, Mackenzie Hughes, L.L.P., David M. Garber, Esq., Syracuse, NY, Zuckerman Spaeder, L.L.P., Elizabeth Taylor, Esq. (Argued), William W. Taylor, Esq., Michael R. Smith, Esq., David A. Reiser, Esq., Washington, D.C., for Respondents-Appellees.

Before: VAN GRAAFEILAND, LEVAL, and CALABRESI, Circuit Judges.


VAN GRAAFEILAND, Senior Circuit Judge.

Petitioners appeal from the dismissal by the District Court for the Northern District of New York (Mordue, J.) of their habeas corpus petitions seeking relief against Arthur Raymond Halbritter, et al. under the Indian Civil Rights Act (ICRA), 25 U.S.C. § 1301 et seq. Petitioners seek the only remedy available under the Act, a writ of habeas corpus, in an effort to prevent Respondents from enforcing an allegedly...

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