Indians Can Sue Tribal Authority, But Not HUD, for Health Problems

摘要

Blackfeet Indians who bought or leased homes under the mutual help and homeownership program can sue the tribal housing authority for alleged health problems from wood foundations, the U.S. Court of Appeals for the Ninth Circuit held, reversing the district court ruling. (Marceau v. Blackfeet Housing Authority, No. 04-35210, 2006 WL 2035345 (9th Cir. (Mont.)), July 21, 2006) However, the court upheld the dismissal of the plaintiffs' claims against HUD. Using program funds provided by HUD under the U.S. Housing Act of 1937, the Blackfeet Housing Authority built 153 homes between 1979 and 1980. The wood in the foundations was treated with arsenic and other toxic chemicals. Plaintiffs alleged that HUD required the use of wood foundations, despite the objection of tribal members, and that the housing authority acceded to HUD's directive.