Interesting case, involving the right of a tribe to evict non-Indians from tribal lands. The complaint, with a tribal court opinion attachment, is here: Rogers-Dial Complaint & Motion for PI
Southern District of California
Federal Court Enjoins Massive Solar Power Project for Failure to Consult with Quechan Tribe
Here are the materials in Quechan Indian Tribe v. DOI (S.D. Cal.):
Order Granting Preliminary Injunction
Federal Court Effectively Orders California Gaming Tribe into Arbitration over Negligence Claim
Here are the materials in Saroli v. Agua Caliente Band of Cahuilla Indians (S.D. Cal.):
Agua Caliente Motion to Dismiss
Saroli Opposition to Motion to Dismiss
DCT Order on Agua Caliente Motion to Dismiss
An excerpt:
Section 10.2(d) of the Amended Compact provides that Defendant consents to arbitrate personal injury claims and that Defendant agrees to waive sovereign immunity “in any action brought in federal court … to (1) enforce the parties’ obligation to arbitrate, (2) confirm, correct, modify, or vacate the arbitral award rendered in the arbitration, or (3) enforce or execute a judgment based upon the award.” (Compl., Ex. A at § 10.2(d)(ii).) The parties submit no other documents showing a waiver of sovereign immunity. Based on the plain and express language of Section 10.2(d) above, the Court finds that, at most, Defendant has agreed to a limited waiver of sovereign immunity for claims relating to arbitration. The issue is now whether Plaintiff’s claims fall under this waiver.
Montana 2 Case at Rincon Band Dismissed under Tribal Exhaustion Doctrine
Here is the opinion in Rincon Mushroom Corp. v. Mazzetti (S.D. Cal.):
And this pleading, which seems to say it all: Rincon Band Motion to Dismiss
Another Pechanga Membership Challenge Dismissed
Here is the opinion in Liska v. Macarro (S.D. Cal.): DCT Order Dismissing Liska Complaint.
A quote:
On October 14, 2008, Petitioner, proceeding pro se, filed the original petition, captioned “Complaint [for] Writ of Habeas Corpus.” (Doc. No. 1.) Petitioner alleged he is a descendant of the Pechanga Band of Mission Indians (the “Tribe”), but not an enrolled member of the Tribe. The Tribe currently has in place a moratorium on enrolling new members. The petition named as respondents Tribe members Mark Macarro, Mark Calac, Mar Luker, John Magee, Andrew Masiiel, Donna Baron, and Butch Murphy. Petitioner alleged Respondents illegally banished Petitioner from the Tribe without a hearing or due process, in violation of the American Indian Civil Rights Act of 1968 (“ICRA”), 25 U.S.C. §§ 1301, 1302, and 1303. According to Petitioner, he is entitled to be recognized as a member of the Tribe, share in the Tribe’s trust proceeds, and enter the reservation to visit his father’s grave.
Here is the more developed case.
California Loses Second Slots Case in a Week
This one is San Pasqual Band v. California (S.D. Cal.). Here are the materials:
DCT Order Granting San Pasqual Motion for Summary J
San Pasqual Band Motion for Summary Judgment
The best part about this and related cases (Colusa and Rincon) is this comment from the news (via Pechanaga):
Last week, the Rincon Indian band won a lawsuit in which a second San Diego judge ruled the number of slots allowed statewide under the 1999 deal should be nearly 56,000.
The confusion stems from the fact that the cap number was expressed through a formula open to interpretation.
The actual number of slots in the state is much higher, over 60,000, because some tribes have made new deals for more machines.
Federal Court Increases Slot Machine Pool in California to 55,000+
Here are the materials in Rincon Band v. Schwarzeneggar:
DCT Order Granting Additional Slot Machines
Rincon Motion for Partial Summary J
Federal Court Dismisses Tort Claim against Harrah’s under Tribal Court Exhaustion Doctrine
Here are the materials for this case, Jaramillo v. Harrah’s (Rincon Casino & Resort):
Ugly Story: Tribal Law Allegedly Steers Tort Victim to Legal Dead End
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.
Removal of Casino Slip and Fall to Federal Court Fails
Here are the materials in Keim v. Harrah’s Operating Co. (S.D. Cal.):
Turtle Talk 
You must be logged in to post a comment.