Narragansett win suit over raid

[The Straight Story]

Narragansett win suit over raid

Posted: May 20, 2005
by: Jim Adams / Indian Country Today

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NARRAGANSETT RESERVATION, R.I. - The Narragansett Indian Tribe is debating whether to reopen its smoke shop, the site of a notorious state police raid nearly two years ago, now that the U.S. 1st Circuit Court of Appeals has declared the police action a violation of its sovereignty.

The Narragansett tribal council was scheduled to meet the evening of May 19, after press time, to decide on its next steps after its major win in the May 12 decision by a three-judge appellate panel. One of its decisions might be whether to press a further appeal on the portions of the case that the panel decided in favor of the state.

The state attorney general has already indicated he would take the case to the full Court of Appeals, sitting en banc, or with its full membership, lead tribal counsel Douglas J. Luckerman told Indian Country Today. Luckerman also observed that a spokesman for Rhode Island Gov. Donald L. Carcieri had refused a request from Narragansett Chief Sachem Matthew Thomas for an apology and a return of the property confiscated in the July 14, 2003 raid.

After conceding a number of points to the state - incorrectly, argued Luckerman - Circuit Judge Juan R. Torruella concluded, ''The tribe does have a right of sovereign immunity that should be respected the state.

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