Dawn Marie Delebreau v. Cristina Danforth, et al.

Oneida's saved George Washington's Army and helped frame the U.S. Constitution thus Oneida's ought to be included in "We the People" inferring constitutional equality among and for Indians. In Cherokee Nation' tribal governments are wards of the United States being "domestic dependent nations"; non-sovereigns that exist within the boundaries of the United States where territorial jurisdiction refers to jurisdiction over cases arising in or involving persons within a defined territory. In City of Sherrill2 the Oneida's long ago accepted and fought for the U.S. Constitution and exercise those inherent rights and equalities within the Oneida Nation Constitution, Article VII. Further, the U.S. Supreme Court holds in Bivens3, for every wrong there must be a remedy such that the "net effect" of this Courts' decisions interpreting 42 U.S.C. § 1983 is to treat the territories and their officials and employees equally as states and their officials and their employees. However, there is no § 1983 equality for Oneida's because Indians have no § 1983 remedy. The question presented is: Are tribal laws considered territorial laws under 42 U.S.C. § 1983 such that Native Americans must also have an equal § 1983 remedy when Indians are constitutionally-wronged within the territorial jurisdiction-net of the United States? 1 Cherokee Nation v. Georgia, 30 U.S. 1 (1831). 'City of Sherrill v. Oneida Indian Nation of N.Y, 544 U.S. 197 (2005). Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388 (1971).