Lower court materials here.
Lower court materials here.
Here are the materials in Yocha Dehe Wintun Nation v. Newsom (E.D. Cal.):
11-1 California Gaming Assn Motion to Intervene
11-5 Proposed Motion to Dismiss
21 Tribes Opposition to Motion to Intervene
22 State Opposition to Motion to Intervene
26 Tribe Opposition to State Motion to Dismiss
Prior post here.
Here is the complaint in Yocha Dehe Wintun Nation v. Brown (E.D. Cal.):
Download job announcement here.
Defendants’ Request for Depublication
Oppo to Viejas Band’s Depub Request
Opposition to Request of Defendants to Depublish
Opposition to Request of Group of 13
Prior depublication-related posts here and here.
Cal. COA opinion here.
Here (from the Viejas Band of Kumeyaay Indians):
Request for Depublication 07 14 15
Prior request for depublication here.
Here is the order:
Maxwell v. County of San Diego (9th 2013)
The panel has voted to deny the petition for rehearing in case number 10-56671; Judges Clifton and Ikuta vote to deny the petition for rehearing en banc, and Judge Farris so recommends. Judges Farris and Clifton vote to deny the petition for rehearing in case number 10-56706; Judge Clifton votes to deny the petition for rehearing en banc, and Judge Farris so recommends. Judge Ikuta votes to grant the petition for rehearing and the petition for rehearing en banc. The full court has been advised of the petitions for rehearing en banc and no judge has requested a vote on whether to rehear the matters en banc. Fed. R. App. P. 35. The petitions for panel rehearing and the petitions for rehearing en banc are DENIED.
Earlier materials are here: panel opinion materials and en banc petition.
You’ll recall the panel opinion here found that tribal employees have no official immunity for official actions.
Here are the en banc petition materials:
Yocha Dehe Wintun Nation Amicus Brief
Maxwell Response to En Banc Petition
Maxwell Supplemental Authorities Letter
The petition is still pending, but perhaps the Miller v. Wright amendment is evidence that the Ninth Circuit could take this case for en banc review.
You read that right. A troubling case for tribal governments. Here the tribal workers were operating under a public safety cooperative agreement authorized under California statute in which the tribal government expressly reserved immunity.The facts truly are tragic — and bad facts make bad law. I’d say the fact that there’s a dissent is helpful, except our dissenter doesn’t object to the immunity holding.
The opinion in Maxwell v. County of San Diego is here. An excerpt:
In short, our tribal sovereign immunity cases do not question the general rule that individual officers are liable when sued in their individual capacities. We see no reason to give tribal officers broader sovereign immunity protections than state or federal officers given that tribal sovereign immunity is coextensive with other common law immunity principles. See Santa Clara Pueblo, 436 U.S. at 58. We therefore hold that sovereign immunity does not bar the suit against the Viejas Fire paramedics as individuals. The Viejas Band is not the real party in interest. The Maxwells have sued the Viejas Fire paramedics in their individual capacities for money damages. Any damages will come from their own pockets, not the tribal treasury. See Alden, 527 U.S. at 757.
This is incredibly glib discarding of Ex parte Young should worry tribal governments everywhere.
Briefs are here:
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