Law
Judge rejects dual tribal, federal prosecution


A federal judge dismissed charges against member of the Northern Cheyenne Tribe, saying the man was already prosecuted for the crime in tribal court.

Steven Christopher Brady Sr. was charged in federal court with misdemeanor assault and unlawful restraint. Brady participated in the physical removal of Dr. Steven Bradley Sonntag, a non-Indian, from the reservation.

Sonntag subsequently obtained a permanent injunction in tribal court against Brady. U.S. Magistrate Richard Anderson ruled that the injunction qualified as punishment against Brady, therefore he can't be prosecuted in federal court for the same crime.

Normally, dual tribal and federal prosecution is allowed because tribes are separate sovereigns. But Brady successfully argued that his crime qualified for a narrow exception because he was not charged under the Major Crimes Act.

Get the Story:
Judge drops charges in assault case (The Billings Gazette 10/11)

Related Stories:
Northern Cheyenne man cites double jeopardy in case (09/20)
Dispute over non-Indian doctor goes to federal court (01/20)
Judge denies tribal jurisdiction over Indian descendant (12/08)
Tribal authority over all Indians still unsettled question (06/23)
Supreme Court affirms tribal powers over all Indians (04/20)
Supreme Court hears tribal powers case (01/22)
Supreme Court case on jurisdiction attracts attention (01/08)
DOJ's Supreme Court brief backs sovereignty (7/30)
Tribal jurisdiction faces test before Supreme Court (07/03)
Court rulings on tribal jurisdiction are in conflict (04/16)
Inouye ties sovereignty to homeland security (02/25)
Tribes seek to overturn Supreme Court (2/27)
Native man denied by Supreme Court (01/22)
Court upholds dual tribal, federal prosecutions (7/2)