Here is Monday’s order list.
The Court denied cert in Caballero v. United States, lower court materials here.
The tribe described an earlier incarnation of this case as “sovereign identity theft.”
SCOTUS Denies Cert in Shingle Springs Miwok Matter
Shingle Springs Band of Miwok Indians v. Caballero
Caballero v. United States Cert Petition
Here:
Questions presented:
- Whether the Trial Court and the Court of Appeals committed prejudicial error in barring/blocking a Native American tribe from pursuing in rem / quiet title remedies on lands promised and granted to them by the USA from that tribe, but stolen by another tribe based on lack of subject matter jurisdiction due to the non-justiciable political question doctrine.
- Whether or not, the Court committed prejudicial error by blocking a native American tribe from pursuing an in rem/quiet title/stolen tribal lands case, on the basis of USA sovereign immunity tribal sovereign immunity.
- Whether the waiver by the United States of America of its sovereign immunity over quiet title claims
impermissibly discriminates in violation of the Equal Protection Clause of the 14th Amendment against Native American tribes having quiet title claims that are barred by the Native American lands express exceptions set forth in 28 USC section 2409a. - Whether the Trial Court and the Court of Appeals committed prejudicial air in barring/blocking the
Indian tribes pursuit of Land title claims constitutes an impermissible denial of the right to access to
courts as guaranteed by the First Amendment right to petition the court government for redress of grievances.
Lower court materials here.
Ninth Circuit Decides Shingle Springs v. Caballero
Here is the unpublished opinion in Shingle Springs Band of Miwok Indians v. Caballero.
Briefs:
Ninth Circuit Briefs in Shingle Springs of Miwok Indians v. Caballeros
This is a trademark dispute between the federally recognized Shingle Springs Band of Miwok Indians and an unaffiliated man purporting to act as “Chief” of the “Shingle Springs Band of Miwok Indians.”
Here:
034 – Brief of Appellant Cesar Caballero(81539037_1)
040-1 – Answering Brief of Appellee Shingle Springs Band of Miwok Indians(81902896_1)
Lower court materials here.
Materials in Cesar Caballero’s Counterclaims against Shingle Springs Miwok
Shingle Springs Finally Wins Permanent Injunction against Man Claiming to be “Chief”
Amazing story. Cribbing from another’s description of the case:
Just after news broke that Tribe’s Red Hawk Casino was about to open several years ago, Cesar Caballero began his campaign to usurp the Tribe’s established identity. There are many fascinating twist and turns to this story, including Mr. Caballero’s conviction for obstruction of mail after submitting a fraudulent change of address form to have the Tribe’s mail diverted to his address. Earlier in the case (a few years back) he filed unsuccessful counterclaims seeking relief for alleged violation of his trademarks and challenging the Tribe’s status. The court dismissed the counterclaims with prejudice.
Here are the materials:
236.1 – MPA re Summary Judgment Motion
258 – Caballero Response to Summary Judgment Motion
259 – Order Granting Summary Judgment And Entering Permanent Injunction
Ninth Circuit Affirms Injunction against Caballero in Trademark Claim
Here is the unpublished order in Shingle Springs Miwok v. Caballero: CA9 Memorandum.
The materials are here.
Ninth Circuit Briefing in Shingle Springs Miwok v. Caballero
Here:
Here is the issue, according to the tribe’s brief:
Appellee Shingle Springs Band of Miwok Indians (hereinafter, “Tribe”) has operated its federally recognized tribal government under the name “Shingle Springs Band of Miwok Indians” (the “Mark” or the “Tribe’s Mark”)[FN1] for over thirty years. During this time the Tribe provided governmental and educational services to its members and the public and its Mark became well known. Appellant Cesar Caballero is not a member of the Tribe, but identifies himself as a person of “Miwok” ancestry. In 2008, after he learned the Tribe planned to open a casino, he began to do business under the Tribe’s Mark and represent to third parties, through local and federal government filings, that he was the “Chief” and “Tribal Historian” of the “Shingle Springs Band of Miwok Indians.” These representations were false.
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