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Judge rules that group isn't American Indian tribe
This is an archived article that was published on sltrib.com in 2006, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

A Vernal-based organization that claims its members are American Indians is not a legitimate tribe, a federal judge has ruled.

And that means members of the Wampanoag Nation, Tribe of Grayhead, Wolf Band, are subject to state authority just like everyone else, U.S. District Judge John E. Conway says.

In a separate ruling, Conway dismissed a civil rights suit filed against Uintah County officials by James Burbank, a Vernal resident who claims membership in the Tribe of Grayhead, Wolf Band. The decisions, handed down Monday, were a victory for county officials, who contend that Burbank and other members of Wampanoag have obtained hundreds of millions of dollars in sham judgments against them by claiming to be American Indians exempt from Utah law. The county's next step will be a request to Conway to throw out all of Wampanoag's judgments.

Burbank was seeking $375 million in damages from Uintah County and its officials for citing him for operating an unregistered vehicle. Claiming that as a member of the Tribe of Grayhead, Wolf Band, he was immune from being cited, he submitted a damages "award" from the Western Arbitration Council (WAC), which was founded by an official of the tribe.

Uintah County then countersued Burbank and other Tribe of Grayhead, Wolf Band, members who alleged they had arbitration awards from WAC. The countersuit asked for a declaration that the Vernal group is not a legitimate tribe and that the awards are invalid.

Conway noted that the Tribe of Grayhead, Wolf Band, was formed at a Provo Arby's in 2003 and that there is no evidence that the group is eligible for federal recognition.

The judge added: "This organization is not to be confused with the Wampanoag Nation, Tribe of Gayhead, Wolf Band, a federally recognized Indian Tribe on Martha's Vineyard, Massachusetts, though the similarity in name is undoubtedly no coincidence."

pmanson@sltrib.com

Lawsuit rejected: A member's civil rights claim against Uintah County was dismissed
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