Dated: September
7, 1995
Reply To
Attn Of: Superintendent, Talihina Agency
Subject: Civil Rights Violation
To: Acting Area Director, Muskogee Area Office
Attached are newspaper articles that relate to possible civil rights violations. In light of a formal complaint dated December 21, 1994 from a Trygve Jorgensen against the Choctaw Nation Tribal Police and the incidents cited per articles that happened at the Choctaw Nation Labor Day Festival, Monday, September 4, 1995, may Indicate a pattern of individual rights violations. It appears that the handing out of literature again- sparked the incidents. We have not boon provided an ordinance prohibiting the distribution of literature on tribal/federal land.
The Tribal Police are funded under Contract per 93-639. In the prior Incident reference was made to 25 CFR 271.74 (&)(1) which states in part "A contract made under this part may be terminated, and control or operation of the program or function assumed by the Commisioner or Area Director as appropriate in whole or In part, when the Commissionor or Area Director determines that the tribal organization's performance under the contract involves: (1) The violation of the rights of any persons can be Identified an a pattern or practice or ...."
Since this is the second incident that stems from similar circumstances and involves tribal law enforcement, it would be the Superintendent's recommendation that a contract review be conducted. we can assume that Suits will be filed and that the V. A. Government will be requested to represent the officers. The matter should be referred to the FBI, as they are the primary agency to investigate allegations of civil rights violations.
we have requested incident reports from the Choctaw Nation Law Enforcement -Program. Upon receipt of these reports, we will forward copies to your office.
If there are further questions concerning this matter, please contact this office at (918) 567-2207.
Attachment