Here are the materials in Fuller v. Morongo Casino (C.D. Cal.):
gaming
California Tribes Seek Rehearing Or Depublication Of Official Immunity Ruling
Here are the materials:
Cosentino – Application and Amicus Brief
Here’s a snippet from the petition:
The Opinion effectively holds that the Tribe’s Gaming Commission lacks authority to revoke a gaming license unless it cites to reasons for its actions that are expressly and affirmatively authorized to do so by codified law. That is incorrect as a matter of law. The Opinion also wrongly asserts that tribal sovereign immunity can be overcome by alleging that a tribal official acted in excess of his or her authority and that, upon such allegation, tribal official immunity is subject to an evidentiary weighing and balancing that involves shifting burdens of production and persuasion, similar to California’s law of qualified immunity. Tribal official immunity, however, is an absolute privilege, like the absolute immunity enjoyed by the Justices of this Court.
We previously covered this case here.
Tenth Circuit Briefs in New Mexico v. Dept. of Interior (Challenge to Part 291 Regs re: Pojoaque Pueblo)
Here are the briefs:
Lower court materials here.
Federal Court Dismisses ADEA Claim against Tribal Casino
Here are the materials in Boricchio v. Chicken Ranch Casino (E.D. Cal.):
6th Circuit Opinion in NLRB v. Little River Band of Ottawa Indians
Update in Cayuga Nation v. Tanner
Here are more materials in the case captioned Cayuga Nation v. Tanner (N.D. N.Y.):
38 DCT Order Denying Unity Council Motion to Intervene
41 Plaintiffs Reply in Support of PI
42 Plaintiffs Response to Tanner Motion to Dismiss
50 DCT Order Dismissing Claims
52-1 Motion for Reconsideration
Apparently, the Halftown faction (the plaintiffs here) is continuing the fight for gaming, while the Unity Council group has been dismissed from the case. We posted materials on this case here.
GAO Issues Report Expressing Concern over Regulation of Indian Gaming
Ninth Circuit Sitting En Banc Rules in Favor of Big Lagoon Rancheria in Gaming Dispute with California
Here is the opinion in Big Lagoon Rancheria v. State of California:
From the court’s syllabus:
The en banc court affirmed the district court’s summary judgment in favor of a tribe that alleged that the State of California had failed to negotiate in good faith for a gaming compact under the Indian Gaming Regulatory Act for Class III gaming on a parcel of land taken into trust for the tribe by the Bureau of Indian Affairs.
Rejecting California’s argument that the tribe lacked standing to compel it to negotiate in good faith under the IGRA, the en banc court held that the State’s argument amounted to an improper collateral attack on the BIA’s decisions to take the parcel of land into trust and to designate the tribe as a federally recognized Indian tribe. The en banc court held that the district court did not abuse its discretion in failing to grant a continuance for additional discovery under Fed. R. Civ. P. 56(f).
The en banc court dismissed the tribe’s cross-appeal as moot.
Links to oral argument and briefs here.
Citizen Potawatomi Nation Asks for Injunctive Relief from Arbitrator in Gaming Compact Dispute
Here is the pleading in Citizen Potawatomi Nation v. State of Oklahoma (Am. Arb. Assn.):
Application for Interim Injunctive Relief by Citizen Potawatomi Nation
Former Leaders of Jamul Indian Village Sues over Casino
Here is the complaint in Rosales v. Dutschke (E.D. Cal.):
An excerpt:
Plaintiffs, WALTER ROSALES and KAREN TOGGERY are Native American residents of San Diego County of one-half or more degree of California Indian blood, and former leaders of the half-blood Indian community, known as the Jamul Indian Village, “JIV,” who until recently lived on the Indian cemetery in Jamul, where their families have lived since the late 1800’s. Rosales and Toggery own and control their families’ human remains and funerary objects that were interred in burial sites below, on, and above the Indian cemetery. Those remains and objects have been feloniously disinterred and desecrated by the Defendants in a race to illegally build a casino on the U.S. government’s portion of the Indian cemetery property before they are stopped and the law is enforced.
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