Court limits participants
On August 17, 2004 the Federal District Court responded to the scientists' recent motion to dismiss the tribes and amici from the Kennewick Man lawsuit. Magistrate Jelderks denied the plaintiffs' request as moot and granted the scientists' request to clarify the tribes' participation. This order validates the scientists' belief that the tribes' participation in the proceedings ended with the 9th Circuit Appeals Court decision. The tribes had argued that because they have "spiritual, cultural and property interests in the skeleton" they should be allowed to participate in discussions related to the scientists' study plan.
In the fall of 2002, the Court allowed the tribes to intervene in the lawsuit for the purpose of appealing the August 2002 opinion. In February 2004, the 9th Circuit Court of Appeals found that the Kennewick Man skeleton was not Native American, upholding the District Court's Opinion in full. The tribes' participation as intervenors ended with the 9th Circuit decision.
We'll keep you informed as events continue to unfold.
The scientists' attorneys continue to work without compensation and to pay for litgation expenses. With your generous help, Friends of America's Past has helped cover a portion of these out-of-pocket expenses. We are grateful for your help as the out-of-pocket expenses continue.
Return to News & Comment