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.