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Sachem Great Elk Dancer

Sachem Great Elk Dancer

Grand Sachem Great Elk Dancer For His Elk Nation - Hereditary Chief of the Notoweega Nation

Website URL: http://https://www.facebook.com/dancing.elk.3

Judge calls lawsuit against city 'frivolous, malicious'

By DEBRA TOBIN Logan Daily News Reporter This email address is being protected from spambots. You need JavaScript enabled to view it.

LOGAN — An initial screening report and recommendation has been filed with the U.S. District Court for the Southern District of Ohio regarding the civil action lawsuit filed by Marshal Lucas “Great Elk Dancer for his Elk Nation” in June against the City of Logan and numerous public officials. Magistrate Judge Mark R. Able recommended the lawsuit be dismissed against all defendants with the
exception of Logan Fire Chief Brian Robertson.

According to the report, Able referred to the case as “frivolous, malicious, and fails to state a claim upon which relief may be granted, or seek monetary relief from a defendant who is immune from such relief.”

The complaint alleges a number of events occurred more than two years ago, but the statute of limitations for claims under 42 U.S.C. 1983 and 28 U.S.C. 1331 is two years. Consequently, all of the alleged events prior to June 12, 2011 are barred by the statute of limitations.

The lawsuit was filed with the U.S. District Court, on June 12 against the City of Logan, Logan Police Chief Aaron Miller, Lt. Gregg Cluley, patrolmen Josh Mowery and Tony Byram, Hocking County Prosecutor Laina Fetherolf, Logan City Mayor Martin Irvine, former Logan City Law Director Bob Lilley, Logan Fire Chief Brian Robertson, and employees of the Hocking County Probation Department.

Although Able has recommended the suit be dropped against all except Robertson, District Court Judge Michael H. Watson has not signed the paperwork making it official.

In response, Lucas filed an amended complaint on July 17 and claims a violation of his civil rights of due process and equal protection under the law secured by the United States Constitution and due course of justice in violation of his treaty rights.

Other names have now been added to the lawsuit in the amended complaint including Hocking County Assistant Prosecutor Bill Archer, Logan City Law Director Jonah M. Saving, Hocking County Common Pleas Court Judge John Wallace and Logan City Service Director Steve Shaw. On Thursday, a motion to strike the plaintiff’s amended complaint and motion for extension of an answer date was filed in the District Court by attorneys for the City of Logan. The law firm of Mazanec, Raskin & Ryder Co., L.P.A, represents the city and those named in the suit as defendants. Lucas, who believes he has been harassed since he opened his first business in Logan, the Mingo

Trading Company, alleges that those mentioned in the suit have interfered with his commerce, all of which he describes as “tribal” businesses.

According to court paperwork, Lucas is asking the court for “injunctive relief and declaratory judgment as well as compensatory damages for the value of the business opportunity or expectancy that was lost as a result of the defendants tortious and improper interference in the amount of, which is $20 million.”

Some of the complaints in the suit include allegations that Miller visited Mingo Trading Company in 2008 because of a noise complaint in the middle of the day and allegedly told Lucas he needed to file for an event license; Logan Police officers allegedly followed his customers and harassed them after leaving his place of business; probation officers allegedly threatened individuals with arrest should they frequent his establishment and slandered his business by calling it a “head shop.”

His Internet café, Red Door, was closed for seven months due to alleged “made up” code violations, which caused a loss of revenue and overhead cost and expenditures on the building, the court documents continue. The defendants have allegedly intended to impair and destroy his business and relationships with the third parties, and that denial of licenses and police harassment was caused as a
result of Lucas’ national origin in that he is Native American.

A total of 19 complaints against the defendants are listed in the lawsuit.

While Lucas said he is not at liberty to discuss the case at this time, he told The Logan Daily News that this lawsuit is a culmination of more than five years of harassment and interference of his tribal commerce.

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Entering the Notoweega Nation. | The Longest Walk 4

Notoweega Nation hosts the Longest Walk 4 walkers this past weekend. Here are some of the photos that made Censored News. Safe travels to the Walkers for the rest of the walk to Alcatraz. We are honored to have met each and every one of you.


CENSORED NEWS

 

Photos Longest Walk 4 in Logan, Ohio

http://www.bsnorrell.blogspot.com/2013/08/photo-long-walk-in-ohio.html


Walkers for Sovereignty and Notoweega Feast


Photos of the Longest Walk 4 Return to Alcatraz in Logan, Ohio, by Jennifer Vance, thank you for sharing with Censored News! The Longest Walk 4 Return to Alcatraz will be leaving soon for Columbus, Ohio. Wishing them a safe journey!
The walk's next stay place is Antioch University at Yellow Springs, Ohio, August 5 -- 9, 2013.
Route and more:

http://www.returntoalcatraz.com

 

Collecting Eggs

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Lucas' tribe unrecognized by US Bureau of Indian Affairs

By DEBRA TOBIN Logan Daily News Reporter This email address is being protected from spambots. You need JavaScript enabled to view it.

LOGAN — The Notoweega Nation, which local Internet cafe owner Marshal Lucas “Great Elk Dancer for his Elk Nation” claims to be a member of, is not recognized by the U.S. Bureau of Indian Affairs or the state of Ohio, The Logan Daily News has learned.

A lawsuit was filed in U.S. District Court last week by Lucas that alleges public officials have interfered with his commerce, which he describes as tribal business.

Those listed in the lawsuit include the City of Logan, Logan Police Chief Aaron Miller, Lt. Gregg Cluley, Logan Police Officers Josh Mowery and Tony Byram, Hocking County Prosecutor Laina Fetherolf, Logan City Mayor Martin Irvine, former Logan City Law Director Bob Lilley, Logan Fire Chief Brian Robertson, and employees of the Hocking County Probation Department.

Lucas, who says he is a member of the Notoweega Nation, is asking the court for “injunctive relief and declaratory judgment as well as compensatory damages for the value of the business opportunity or expectancy that was lost as a result of the defendants tortuous and improper interference in the amount of which is $20 million.”

According to a representative from the U.S. Bureau of Indian Affairs, the Notoweega Nation is an unrecognized tribe.

According to the bureau, unrecognized tribes are organizations of people who claim to be historically, culturally and genetically related to historic Native American Indian tribes, but who have not been officially recognized as legitimate indigenous nations by the larger U.S. federal government or by individual states.

Lucas told The Logan Daily News that his tribal recognition is federally pending under the Chickamauga Notoweega Creeks Tribe. Upon further investigation, The Logan Daily News learned that the Chickamauga Notoweega Creeks Tribe also is unrecognized.

According to Lucas, the Treaty of Canandaiqua of 1794, Jay Treaty of 1794, Greenville Treaty of 1795, 42 USC Section 1983 and the U.S. Constitution exempt him from prosecution and harassment by the City of Logan in state court for violations of city ordinances.

Some of the complaints in the suit include allegations that Miller visited Mingo Trading Company in 2008 because of a noise complaint in the middle of the day and allegedly told Lucas he needed to file for an event license; Logan Police officers allegedly followed his customers and harassed them after leaving his place of business; probation officers allegedly threatened individuals with arrest should they frequent his establishment and slandered his business by calling it a “head shop.”

Also according to court documents, Lucas alleges that his Internet café, Red Door, was closed for seven month due to “made up” code violations, which caused a loss of revenue and overhead cost and expenditures on the building.

Defendants have allegedly intended to impair and destroy his business and relationships with third parties, and that denial of license and police harassment was caused as a result of Lucas’ national origin in that he is Native American, the court record continues.

A total of 19 complaints against the defendants are listed in the lawsuit.

In speaking with a representative from the U.S. Bureau of Indian Affairs on Thursday, unless Lucas’ “tribal businesses” are located on tribal grounds, which would include Indian reservations, he “doesn’t have a leg to stand on [in court].” The representative did not provide his name because he was not authorized to speak to the media on the bureau’s behalf. A message seeking comment from the official bureau spokesperson was not returned.

According to the spokesperson, all tribal businesses are subject to all local, state and federal laws when not located on tribal grounds. And the treaties do not guarantee anything or exempt Lucas from any laws or rules governing the City of Logan, Hocking County, the State of Ohio or the U.S. Government.

The spokesperson said in the late 1700s when some of the treaties were enacted, there were no Native American Indians in business because white men operated most of the trading posts.

Once the business operator leaves the confines of the reservation, and opens their business in areas such as Downtown Logan, they are treated the same as any other business owner in that particular area, he noted.

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Lawsuit filed in district court against local public officials

By DEBRA TOBIN Logan Daily News Reporter This email address is being protected from spambots. You need JavaScript enabled to view it.

LOGAN – The Logan Daily News has received information about a pending lawsuit filed with the U.S. District Court, Southern District of Ohio, against the City of Logan, Logan Police Chief Aaron Miller, Lt. Gregg Cluley, patrolmen Josh Mowery and Tony Byram, Hocking County Prosecutor Laina Fetherolf, Logan City Mayor Martin Irvine, former Logan City Law Director Bob Lilley, Logan Fire
Chief Brian Robertson, and employees of the Hocking County Probation Department.

The suit, filed by Marshal Lucas “Great Elk Dancer for his Elk Nation” was received at the Southern District Office on June 12. According to the clerk’s office, it could take months or up to a year before any case goes to trial. She also indicated that not every case that’s filed goes to trial. Lucas, who believes he has been harassed since he opened his first business in Logan, the Mingo
Trading Company, alleges that those mentioned in the suit have interfered with his commerce, all of which he describes as “tribal” businesses.

According to the court paperwork, Lucas is asking the court for “injunctive relief and declaratory judgment as well as compensatory damages for the value of the business opportunity or expectancy that was lost as a result of the defendants tortious and improper interference in the amount of which is $20 million.”


Lucas claims that the Treaty of Canandaiqua of 1794, Jay Treaty of 1794, Greenville Treaty of 1795, 42 USC Section 1983 and the U.S. Constitution exempts him from prosecution and harassment by the City of Logan in state court for violations of city ordinances.

Some of the complaints in the suit include allegations that Miller visited Mingo Trading Company in 2008 because of a noise complaint in the middle of the day and allegedly told Lucas he needed to file for an event license; Logan Police officers allegedly followed his customers and harassed them after leaving his place of business; probation officers allegedly threatened individuals with arrest should
they frequent his establishment and slandered his business by calling it a “head shop.”

His Internet Café, Red Door, was closed for seven month due to “made up” code violations, which caused a loss of revenue and overhead cost and expenditures on the building, the court documents continue. And the defendants have allegedly intended to impair and destroy his business and relationships with the third parties, and that denial of licenses and police harassment was caused as a
result of Lucas’ national origin in that he is Native American.

A total of 19 complaints against the defendants are listed in the lawsuit.

While Lucas said he is not at liberty to discuss the case at this time, he told The Logan Daily News that this lawsuit is a culmination of more than five years of harassment and interference of his tribal commerce.

None of the defendants listed in the lawsuit have been served, so they would not comment on the pending case.

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