Ninth Circuit Affirms Dismissal of Challenge to Jamul Casino

Here is the unpublished opinion in Rosales v. Dutschke.

Briefs here.

Ninth Circuit Briefs in Rosales v. Dutschke (Jamul Indian Village)

Here:

Opening Brief

Tribal Answer Brief

Federal Answer Brief

reply.pdf

Lower court materials here.

Federal Court Dismisses Effort to Shut Down Indian Casino Project Allegedly Built on Indian Cemetery

Here are the materials in Rosales v. Dutschke (E.D. Cal.):

62-1 Tribally Related Defendants Motion to Dismiss

63-1 Federal Defendants Motion to Dismiss

74 Response to Federal Motion

75 Response to Tribal Motion

80 Federal Reply

84 Tribal Reply

98 DCT Order

Former Leaders of Jamul Indian Village Sues over Casino

Here is the complaint in Rosales v. Dutschke (E.D. Cal.):

1 Complaint

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.