Attorney hails ruling in Blackfeet housing case

Friday, March 28, 2008  

Members of the Blackfeet Nation of Montana are moving forward with a class action housing lawsuit against the tribe.

The families say the tribe built 153 shoddy homes. They blame a slew of health problems on toxic mold.

The 9th Circuit Court of Appeals ruled that the tribe waived its sovereign immunity through a housing ordinance. Attorney Jeff Simkovic said the decision could help members of other tribes pursue grievances.

The court did not hold the Department of Housing and Urban Development responsible even though federal funds were used to build the homes. One judge disagreed and said the government has a trust responsibility to maintain adequate homes.

Get the Story:
Tribe's housing suit proceeds (The Billings Gazette 3/28)
Sovereign immunity concerns loom after housing decision (Indian Country Today 3/28)

9th Circuit Decision:
Marceau v. Blackfeet Housing Authority (March 19, 2008)

Related Stories:
Court holds Blackfeet Nation liable for homes (3/20)
Letter: Blackfeet families living in faulty homes (2/29)
Blackfeet homes still infested with dangerous mold (12/17)
Class action housing lawsuit draws tribal interest (2/16)
Blackfeet housing authority seeks rehearing of case (8/29)
Blackfeet homeowners to discuss mold case (07/28)
Court opens Blackfeet housing authority to lawsuit (7/24)
Reservation homes threatened by dangerous mold (05/16)
Navajo Nation homes contaminated with mold (03/02)
Official cites 'tight' budget for Indian housing (2/9)
Reservation homes plagued by mold problems (12/03)
Indian housing funds see no major increase (11/24)
Congress restores Bush's cuts to Indian programs (11/22)
Bush says housing program he's cutting is 'working' (08/12)
Judge dismisses suit over bad homes at Blackfeet (01/23)