Harris v. Sycuan Band of Diegueno Mission Indians

Ugly Story: Tribal Law Allegedly Steers Tort Victim to Legal Dead End

Matthew L.M. Fletcher

If this story is true, then this tribe should do the right thing. This bad press for all of Indian Country.

From the San Diego Union Tribune via Pechanga:

During a visit to Sycuan Casino five years ago, Sarah Harris walked into a restroom altercation that she says changed her life.

Now, after what feels like countless hearings on the Indian reservation and in federal court, the 75-year-old former diesel engine mechanic still doesn’t have the $160,000 an arbitrator says she’s due.

Although tribal law says arbitration awards are to be enforced in federal court, the tribe has convinced a federal judge that he has no jurisdiction over the case.

* * *

Sycuan’s lawyers say it wasn’t an intentional dead end.

“The ordinance surely wasn’t written to steer parties to a forum the tribe knew was not going to enforce something; that was not at all the tribe’s intent,” said lawyer Jay Shapiro. “Sometimes documents get written at times when it’s not clear what the law is, or what cases a federal court will hear or not hear.”

I hope this lawyer was misquoted because this statement is awful and wrong. Such an ordinance should be amended immediately, and at a later paragraph in the same article, another tribal lawyer says it will “look at rewording the ordinance.”

The tribe doesn’t want to pay the $160,000 because a tribal arbitrator failed to follow the rules when making the award, which is reasonable in most contexts, but not this one.

The link to the three district court opinions is here.

Harris v. Sycuan Band Claim Dismissed a Third and Final Time

Matthew L.M. Fletcher

Here is that opinion — Harris DCT Order

The two earlier dismissals are here and here.

An excerpt:

On November 26, 2004, Harris was a patron of the Sycuan Casino, a gaming establishment owned and operated by Defendant Sycuan. “At that place and time, plaintiff suffered serious physical injury occasioned by the assaultive conduct of an employee of defendant….” (SAC P 5). “[A]ll claims for damages for physical injuries against defendant … were governed by a ‘Tort Claims Ordinance’ duly enacted by defendant … in June 2004.” (SAC P 6). On March 9, 2005, Harris filed a claim under the Ordinance, and on December 5, 2005, “the Sycuan Gaming Commission certified plaintiff’s claim for processing on the merits, pursuant to Section XI of the Ordinance.” (SAC P 7). After Harris’s claim was denied by the Sycuan Gaming Commission, “Plaintiff duly appealed the substantive denial of her claim pursuant to Section XII(G) of the ordinance, which provides that an appeal from a substantive denial is to be heard by an arbitrator selected by the Sycuan Gaming Commission. The Gaming Commission selected Hon. Gerald Lewis, retired appellate justice, as the arbitrator for plaintiff’s claim…. On September 30, 2008, Judge Lewis issued his decision and award of arbitrator, awarding plaintiff the sum of $ 160,000.”

* * *

The Court concludes that the allegations in the SAC related to the “duty of good faith in the implementation” of the IGRA, the Compact and the Ordinance, are insufficient to confer federal question jurisdiction. In the alternative, the Court concludes that this claim fails to state a claim for relief.

Harris Complaint against Sycuan Band Dismissed Again

Matthew L.M. Fletcher1 Comment

Once again, the Southern District of California has dismissed a claim against the Sycuan Band of Diegueno Indians under the Federal Arbitration Act — Second DCT Order Dismissing Harris Complaint — she was given leave to amend a third time, though.

First case is here.

No Federal Court Jurisdiction over Tribe under Federal Arbitration Act

Matthew L.M. Fletcher2 Comments

The Southern District of California held in Harris v. Sycuan Band of Diegueno Mission Indians that, in a dispute over an arbitration award, the Federal Arbitration Act alone does not confer jurisdiction on federal courts.

Here is the opinion — dct-order-dismissing-harris-complaint