Sandia Pueblo Cert Opposition in Hoffman Jackpot Case

Here: Sandia Cert Opp.

Petition and other materials here.

Cert Petition on Hoffman v. Sandia Resort and Casino

Available here, on Mr. Hoffman’s website. here:

Hoffman petition

UPDATE: Incidentally, Hoffman’s attorney apparently is the same Paul Livingston who challenged the Santa Fe Indian Market all those years ago in Livingston v. Ewing, known to (according to an anonymous source) “rant[] in local right wingnut rags about abolishing Indian law.”

Lower court materials here. Local TV coverage here, via Pechanga.

Questions presented:

1. Whether the doctrine of tribal immunity properly bars claims that an Indian Casino cheated a non-Indian gambler by refusing to pay a slot machine jackpot?

2. Whether the “property damage” under the waiver of immunity in Section 8 of the Tribal Gaming Compact applies only to physical damage to property?

As you might suspect, I give this petition very little chance. I would doubt any response is necessary. There’s no split in authority and the case isn’t important on a national level. As for question 1, I am always suspicious of claims that Indian casinos have cheated gamblers because casinos LOVE IT when there’s a jackpot — it means that everyone and their brother is going to show up at that casino to replicate the magic. And question 2 is just patently frivolous.

Hoffman v. Sandia Resort and Casino — Immunity from Jackpot Claims

Here is the opinion in January from the New Mexico Court of Appeals in Hoffman v. Sandia Resort and Casino (apparently the New Mexico Supreme Court denied review just recently). The claim involved a false jackpot, and the plaintiff had tribal remedies.