CHAPTER 211

RESTRAINING ORDERS AND INJUNCTIONS

 Temporary Restraining Order; Procedure

A temporary restraining order may be granted by the Red Lake Court of Indian Offenses without notice to the adverse party if it clearly appears from specific facts shown by an affidavit attached to the complaint that immediate and irreparable injury, loss or damage will result to the Plaintiff before the Court can schedule a hearing. In the event the Court grants a temporary restraining order, the order, complaint and affidavit shall be served on the opposing party(s). When the Court grants a temporary restraining order, the hearing for the permanent injunction thereon shall be set for hearing at the earliest practicable time and shall take precedence over all other matters. If the party in whose favor a temporary restraining order was granted shall refuse to proceed toward obtaining a permanent injunction, the Court shall dissolve the temporary restraining order.

211.02                         Permanent Injunction

The trial of the action on the merits of the lawsuit shall be consolidated with the hearing on the permanent injunction.

Section 212     Civil Defamation.       Any person who commits act(s) of Defamation against any other person within the jurisdiction of the Red Lake Band of Chippewa Indians shall be strictly liable for damages therefor and/or restitution as the Court directs. Intent, whether general or special, shall not be an element of the offense.

Subdivision 1. Jurisdiction.    The Red Lake Tribal Court shall have jurisdiction over all cases and causes of action arising hereunder.

Subdivision 2.             Definitions. 

      A.              Act of Defamation. For purposes of this statute, an "act of defamation" shall include any defamation, libel or slander, issued or caused to be issued, orally or by distribution or sale, within the jurisdiction of the Red Lake Band of Chippewa Indians.

      B.              Defamation. For purposes of this statute, the term "defamation" shall mean an untruthful communication or anything that exposes a person or a group, class of persons, a business or other association to hatred, contempt, ridicule, degradation or disgrace in society, or injury to a person's ability to work, conduct business or conduct his/her/their occupation.

      C.              Libel. For purposes of this statute, the term "libel" shall mean any written matter which exposes a person, group of persons, business, or other association to hatred, contempt , ridicule, degradation or disgrace in society, or injury to a person's ability to work, conduct business or conduct his/her/their occupation.

      D.              Slander. For purposes of this statute, the term "slander" shall mean any spoken matter which exposes a person, group of persons, business, or other association to hatred, contempt, ridicule, degradation or disgrace in society, or injury to a person's ability to work, conduct business or conduct his/her/their occupation.

      E.              Person. For purposes of this statute, the term "person" shall mean any individual, business, group of individuals, association of individuals, including minors and adults.

Subdivision 3. Retraction.      If the Court has determined that a defamation has occurred and that a retraction is advisable, the court may order the Defendant to print, advertise, or otherwise publish a retraction of the defamatory matter. If a retraction is Ordered by the court, the words ''RETRACTION" shall appear in bold capital letter above. The Court may order a retraction in addition to and not in lieu of any other consequences for criminal or civil defamation.

Subdivision 4. Proof Required.          The proof required shall be as follows: That the Defendant communicated in writing, orally, or by other means information which the Defendant knew or had reason to know was defamatory to a third person without the consent of the person defamed.

      A.              Proof of Damages not required. No proof that the person defamed was damaged monetarily or otherwise shall be an element of proof.

      B.              Intent. Intent is not an element of proof required to establish that the offense has occurred. Defamation shall be a strict liability tort.

      C.              Oral Communication Witnesses. No person shall be awarded damages for of slander (oral defamation) except on the testimony or sworn affidavit.

Subdivision 5. Judgment.

      A.              Damages.        Civil damages shall be determined by the Court by the weight of the evidence and the amount shall be determined within the discretion of the Court in consideration of the evidence and the following factors: (1) the degree of willfulness or malice involved in the Defamation, (2) the degree of disregard to the truth of the Defamation, (3) the likelihood that the defamatory act(s) will be repeated, (4) the intent involved. In addition to or in lieu of a damages, the Court may Order that restitution and/or, in the Court's discretion, retraction, public apology, and otherwise as the Court directs.

Subdivision 6. Defenses.        Defenses to a cause of action under this statute shall be justified and not subject to further action if:

      A.              Truth with good motives. The defamatory matter is true and is communicated with good motives, in good faith, and for justifiable ends;

      B.              Privilege. The communication is absolutely privileged;

      C.              Public Debate. The communication consists of a fair comment made in good faith with respect to persons participating in matters of public concern;

      D.              Public Knowledge. The communication is a fair and true report of a public judicial legislative or other public or official proceedings;

      E.              Duty. The communication is between persons each having an interest or duty with respect to the subject matter of the communication and is made with intent to further such interest or duty.

(Section 212, Civil Defamation, added to Tribal Code by Resolution No. 16-94, dated January 11, 1994)

212.00                         Parental Liability for Acts of Minor Child

Subdivision 1. The Parent or parents with custody of a minor child, in any circumstances where he, she or they may not be liable under any law are liable for damages to property or for personal property or for personal injury attributable to a wilful, malicious or wanton act of the child.

Subdivision 2. The maximum recovery from any parent or parents shall be the actual amount of damages resulting from any one act of a child in addition to actual costs and disbursements and reasonable attorney fees, as determined by the court. If two or more children in the custody of the same parent or parents commit the same act the total recovery may not exceed the actual costs, in addition to taxable costs and disbursements.

Subdivision 3. (a) In this section, "custody" means either legal custody of a child under a court order or actual physical custody of child. "Custody" does not include legal custody by an agency or a person other than that a child's birth or adoptive parent.

                                    (b) In determining which parent has custody of a child for purposes of this section, the court shall consider which parent has responsibility for caring for and supervising the child at the time the act caused the injury, damage or loss occurred.

Subdivision 4. Any recovery under this section shall be reduced by the amount recovered as court ordered restitution for the same act.

Subdivision 5.            This section shall apply to any child under the age of eighteen (18) who have committed such acts while under eighteen (18), regardless if child is referenced for adult prosecution.

(Section 212.00 added to Tribal Code by Resolution No. 219-91, dated August 13, 1991)

(Section 212.00 Subd. 5 added to Tribal Code by Resolution No. 162-95, dated July 20, 1995)