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#BabyVeronica: Cherokee Nation Files Forceful Response to Capobiancos' $1 Million Attorneys' Fees Suit
 |
| November is Adoption Awareness Month |
On
Friday the Cherokee Nation came out swinging in their response to the
motion filed weeks ago in Nowata, Oklahoma county court in
Adoptive Couple v. Baby Girl,
in which Matt and Melanie Capobianco are seeking approximately $1
million in attorneys' fees and costs. Their recent filing in Oklahoma is
the second jurisdiction in which they have sought compensation in the
four-year custody battle that ended in September when Dusten Brown
relinquished his biological daughter to the Capobiancos after losing at
the United States Supreme Court in June. Immediately following the
child's transfer in September, the couple filed similar litigation in
South Carolina seeking roughly $500,000 in that state.
RELATED:
Capobiancos Sue Dusten Brown for Nearly Half a Million in Fees
Cherokee Nation Mourns as Veronica Is Returned to Adoptive Family
In its 50-page response, the tribe bluntly told Nowata County Judge
Curtis DeLapp that it is not responsible for paying the fees and costs
for the Capobiancos because of its Eleventh Amendment sovereign immunity
from suits without its express consent. Additionally, the tribe said
that the statute under which the couple is seeking compensation, the
Uniform Child Custody and Jurisdiction Enforcement Act, is not
applicable to the tribe.
"Clearly, these people are trying to throw spaghetti at the wall in
whatever court they can find to see what's going to stick," said an
Oklahoma lawyer who declined to be identified because of the sensitivity
of the case. "But, several things immediately come to mind. First, the
tribe is a sovereign nation and cannot be sued without its express
consent - and to my knowledge the Cherokee Nation is not in the habit of
waiving their immunity. Second, this is a domestic case, one in which
both the Capobiancos and Dusten Brown were represented pro bono, which
was widely understood by everyone on both sides. To come after the fact
asking for fees that the adoptive couple would not have had to pay had
they lost, it then becomes a 'contingency' case. Contingency fees are
never awarded in domestic relations, so that's a null.
Read more at http://indiancountrytodaymedianetwork.com/2013/11/23/cherokee-nation-files-forceful-response-capobiancos-1-million-attorneys-fees-suit-152405
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Detailed discussion of the Bering Strait theory and other scientific theories about the population of the modern-day Americas is beyond the scope of this essay. However, it should be noted that Indian people have expressed suspicion that DNA analysis is a tool that scientists will use to support theories about the origins of tribal people that contradict tribal oral histories and origin stories. Perhaps more important,the alternative origin stories of scientists are seen as intending to weaken tribal land and other legal claims (and even diminish a history of colonialism?) that are supported in U.S. federal and tribal law. As genetic evidence has already been used to resolve land conflicts in Asian and Eastern European countries, this is not an unfounded fear.
These Crapobiancos are a real piece of work.
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