The National Congress of American Indians is the largest inter-tribal advocacy organization in the United States. Photo: NCAI

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Judge rejects lawsuit from former attorney at National Congress of American Indians

Tuesday, July 14, 2020

By Acee Agoyo

A federal magistrate on Tuesday issued a ruling in John Dossett v. Ho-Chunk Inc., dismissing a lawsuit filed by the former high-ranking attorney at the National Congress of American Indians.

John Dossett was "terminated" by NCAI following allegations of sexual harassment at the nation's largest inter-tribal advocacy organization, Magistrate Stacie F. Beckerman noted in the 26-page ruling. She said he was asked to resign but he "refused."

Following his ouster, Dossett sued Ho-Chunk Inc., the owner and operator of Indianz.Com, for reporting on the turmoil at NCAI. But Beckerman said he cannot do so because the corporation, as an arm of the Winnebago Tribe, a federally recognized Indian nation, cannot be sued without its consent due to sovereign immunity.

"Dossett informed the court prior to and during oral argument that he does not oppose Ho-Chunk’s argument," Beckerman wrote. "Accordingly, the court grants Ho-Chunk’s unopposed motion to dismiss all claims against Ho-Chunk, and dismisses Dossett’s claims against Ho-Chunk without prejudice."

A July 14, 2020, decision in John Dossett v. Ho-Chunk Inc. confirms why the economic development corporation of the Winnebago Tribe can't be sued due to sovereign immunity.

Dossett also sued his former employer because Indian Country Today, which is owned by NCAI, also wrote stories about his situation. High Country News, a non-profit media organization, was named as a defendant for publishing articles as well.

But Beckerman dismissed Dossett's claims against both organizations. She characterized their news stories as "written statements in a public forum in connection with an issue of public interest" that are protected by laws barring "nonmeritorious" or frivolous lawsuits.

Beckerman further stated that Dossett's criticisms against certain statements in the news articles are "not actionable." Thus he cannot claim they are "defamatory," the ruling read.

In fact, Beckerman pointed out that Dossett -- with his own filings in the case -- showed that some of the statements are "substantially true" while others are "non-actionable statements of opinion."

"In addition, the court finds that for the same reasons, none of the articles, when read as a whole, are defamatory per se. Therefore, Dossett has failed to state a claim for defamation and has failed to demonstrate a likelihood of success on the merits," Beckerman wrote.

On another matter, Beckerman said Dossett cannot sue Indian Country Today or High Country News for allegedly interfering with his economic relations, or his ability to gain employment. She also struck down a negligence claim against NCAI, his former employer.

"Dossett cannot recover for economic losses based on NCAI’s alleged negligence," she wrote.

"He was punished for sexual harassment": The National Congress of American Indians drove another nail into the coffin of its senior-most attorney at a hearing in federal court. #MeToo https://t.co/W2UgI2ZSOm
— indianz.com (@indianz) February 27, 2020

Dossett, who is non-Indian, had worked at NCAI since 1995. He served as the organization's general counsel up until the summer of 2018, when he was given a different position.

Indianz.Com was the first to report on the reassignment. An August 31, 2018, story explained that NCAI gave him a different title -- that of "senior counsel" -- following an investigation into allegations of sexual harassment.

Though officials at NCAI refused to speak in public about personnel actions, the organization disclosed the reason for the action during a hearing in the case on February 26.

“I’d like to start by cutting to the chase," attorney Michael Kelley told the court on behalf of NCAI. "John Dossett was disciplined for sexual harassment. Period."

"This is fantastic news": The former employee who blew the whistle on the "oppressive culture" at the National Congress of American Indians is welcoming the resignation of executive director Jackie Pata. But NCAI's troubles are far from over. #MeToo https://t.co/AXaVMDVrT1 pic.twitter.com/aSsMsqUaJf
— indianz.com (@indianz) February 20, 2019

“That is what he was punished for," Kelley continued. "He was punished for sexual harassment."

“That is a fact," he said.

The hearing took place in federal court in Portland, Oregon. During his tenure at NCAI, Dossett was based in the state.

Dossett has the ability to challenge the magistrate's ruling. He could take the case to the 9th Circuit Court of Appeals.

Nicole Ducheneaux, a citizen of the Cheyenne River Sioux Tribe who is a founding partner of Big Fire Law & Policy Group, is representing Ho-Chunk Inc. in the case.