Allen v. Mayhew: Magistrate Recommends Denial of Motion to Dismiss 1981 Claims against Tribal Gaming Officials

Here is the report: Allen v Mayhew Magistrate Report

The most recent motion to dismiss: Mayhew Motion to Dismiss

Previous orders are here.

An excerpt:

As to the two remaining defendants, reading Plaintiff’s complaint liberally, he alleges that while he was an employee of the Gold Country Casino in 2003, he took the defendant Mayhews’ grandchildren into his home. He later petitioned the Tribe for tribal membership for these children, and was told he would be reimbursed for his expenses regarding the children but was warned “not to go to the white man’s court.” However, despite this warning, Plaintiff filed guardianship proceedings in the California state court in September 2003. As a result, he contends defendants Mattie and Ricky Mayhew conspired together to file false allegations against him, with the intent to have his employment with the Casino terminated in retaliation for availing himself of the state court system and because he is white. He was subsequently terminated from his employment, allegedly due to these false allegations.

Allen v. Mayhew — Complaint against Tribal Officials and Individuals

Once again, the Eastern District of California has refused to dismiss a Section 1981 complaint against tribal gaming employees of the Gold Country Casino, owned by the Berry Creek Rancheria of Tyme Maidu Indians. Here is the opinion — feb-20-2009-dct-order

Here is our earlier post, with the earlier order.

Allen v. Mayhew – Section 1981 Claims Against Tribal Individuals

The E.D. Cal. refused to dismiss the Section 1981 claims against tribal casino employees on the grounds of sovereign immunity in Allen v. Mayhew. The underlying claim involves the plaintiff’s termination from employment with the tribal casino.

Here are the materials:

Mayhew Motion to Dismiss

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