Indian Civil Rights Enforcement Act

Summary

Indian Civil Rights Enforcement Act - Amends the Indian Civil Rights Act to grant jurisdiction to the U.S. district courts in any civil rights action alleging a failure to comply with rights secured under such Act. Permits an aggrieved individual or the Attorney General to bring an action in a U.S. district court for a declaratory judgment or equitable relief against an Indian tribe , upon exhaustion of remedies in a tribal court of appropriate jurisdiction (if any), to seek compliance with such rights as are timely and reasonable. Provides for the district court to adopt any findings of fact made by the tribal court (if any) with respect to the action, unless it determines that the tribal court: (1) did not operate independently from the legislative or executive authority of the tribe; (2) was not authorized to determine matters of law and fact or did not fully determine those matters; (3) permitted a person or entity to assert a defense of immunity in a declaratory action or an action to seek equitable relief; (4) failed to resolve the merits of the factual dispute; (5) employed a fact finding procedure that was not adequate to afford a full and fair hearing; (6) did not adequately develop facts that are material to the case; (7) failed to provide a full, fair, and adequate hearing; or (8) made factual determinations that are not fairly supported by the record. Requires the district court, if it finds that such a condition applies, to conduct a de novo review of the allegations contained in the complaint. Waives tribal immunity if necessary to enforce this Act.

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3 official files

• Introduced in Senate (text)

  Introduced in Senate · EN · 14 July 1998

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• Introduced in Senate (PDF)

  Introduced in Senate · EN · 14 July 1998

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• Introduced in Senate

  summary · EN · 14 July 1998

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