- Aug 10, 2009
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Navajo Nation Has Jurisdiction in Mormon Sex Abuse Case, Judge Rules
This ruling has been a long time in arriving. The LDS Church has done some good on the rez and some bad. It needs to be recognized for both. Let the Lamanites do the judging.
On Wednesday, a federal judge in Salt Lake City ruled that the Navajo Nation has jurisdiction in a quartet of cases filed earlier this year by tribal members alleging that they were sexually abused during their time in a foster program operated by the Mormon Church from 1947 to 2000. The four tribal plaintiffs (now referred to as “the Doe Defendants”) filed their suits in the Window Rock District of the Navajo Nation Court last spring.
Rather than responding to the complaints at the tribal court level, the church instead countersued the Navajo plaintiffs in federal court, asking Judge Robert Shelby to dismiss all four cases for lack of jurisdiction, as well as an injunction to stay the proceedings from moving forward under tribal jurisdiction.
In a dual decision addressing both complaints, Shelby denied both the church’s motion to dismiss and the injunction, writing that the Mormon Church must first exhaust all remedies in tribal court.
The Mormon Church did not respond to requests for comment on Shelby’s decision.
This ruling has been a long time in arriving. The LDS Church has done some good on the rez and some bad. It needs to be recognized for both. Let the Lamanites do the judging.
On Wednesday, a federal judge in Salt Lake City ruled that the Navajo Nation has jurisdiction in a quartet of cases filed earlier this year by tribal members alleging that they were sexually abused during their time in a foster program operated by the Mormon Church from 1947 to 2000. The four tribal plaintiffs (now referred to as “the Doe Defendants”) filed their suits in the Window Rock District of the Navajo Nation Court last spring.
Rather than responding to the complaints at the tribal court level, the church instead countersued the Navajo plaintiffs in federal court, asking Judge Robert Shelby to dismiss all four cases for lack of jurisdiction, as well as an injunction to stay the proceedings from moving forward under tribal jurisdiction.
In a dual decision addressing both complaints, Shelby denied both the church’s motion to dismiss and the injunction, writing that the Mormon Church must first exhaust all remedies in tribal court.
The Mormon Church did not respond to requests for comment on Shelby’s decision.
