Birth mother's lawsuit against US, Cherokee Nation dismissed

WASHINGTON (WCIV) -{}Alawsuit that targeted the U.S. government and Attorney General Eric Holder overthe handling of Indian children caught up in custody battles has been dismissed.{}

According to court records, the lawsuit that named the Holder, theUnited States government and the Cherokee Nation as defendants was dismissed inJanuary 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 childrenand called unconstitutional parts of the Indian Child Welfare Act.

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

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

A James Island couple last year finally won permanent custody ofVeronica after a two-year battle with the girl's birth father, the CherokeeNation, and courts in South Carolina, Oklahoma and Washington.{}