Birth mother's lawsuit against US, Cherokee Nation dismissed - WCIV-TV | ABC News 4 - Charleston News, Sports, Weather

Birth mother's lawsuit against US, Cherokee Nation dismissed

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WASHINGTON (WCIV) – A lawsuit that targeted the U.S. government and Attorney General Eric Holder over the handling of Indian children caught up in custody battles has been dismissed. 

According to court records, the lawsuit that named the Holder, the United States government and the Cherokee Nation as defendants was dismissed in January after none of the defendants were served a summons to appear.

The suit was filed in July of 2013 after Veronica's birth mother, Christinna Maldonado, sued the government over the placement of Indian children and called unconstitutional parts of the Indian Child Welfare Act.

The injunction sought to stop the usage of the federal law to supersede a mother's right to protect her child. Maldonado's claim stated the law considers race in determining with whom the child should live which would violate equal protection provisions in the Constitution.

Maldonado was joined on the suit by a Minnesota woman and 10 Jane Does who were only identified as unwed non-Indian birth mothers of Indian children.

A James Island couple last year finally won permanent custody of Veronica after a two-year battle with the girl's birth father, the Cherokee Nation, and courts in South Carolina, Oklahoma and Washington. 

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