Monday, April 5, 2010

Lawsuit Against Shingle Springs Miwok Indians Headed to Trial

The Shingle Springs Miwoks own the Red Hawk Casino, but are being sued for abruptly canceling a contract with previous owner. The defense is NOT that they didn't do it, but that they have sovereignty.


A lawsuit seeking more than $100 million filed three years ago against the Shingle Springs Band of Miwok Indians is set to return to trial following a decision by the California Supreme Court.

The tribal government that owns the Red Hawk Casino in Shingle Springs has been arguing for years that it has sovereignty and therefore cannot be sued in El Dorado County Superior Court. The tribe’s argument has lost over and over again, and has been appealed each time.

On Tuesday, the tribe ran out of appeals when the state Supreme Court denied the tribe’s request to review the lower court’s decisions.


Interesting MONEY QUOTE from Howard Dickstein:

This is no shock. The California Supreme Court takes less than 1 percent of the cases presented to it. This isn’t a case that breaks any new ground or settles differing opinions for other jurisdictions,” said Howard Dickstein, attorney and partner in Dickstein & Zerbi. He is not involved in the case, but he has specialized in Native American and gaming issues for decades.

The headman of the Pechanga Tribe, Mark Macarro routinely claims that the Supreme Court has ruled in their favor when if fact, they decided not to hear a couple of cases. Two completely different things.

1 comment:

Allen L. Lee said...

I wonder what would happen if certain Shingle Spring Miwoks filed for intervention into this case as an indispesible party, arguing that the contract was a planned act by both parties to defraud and dis-enfranchise authentic Miwok Indians?

"Doris Blackwell Carbajal
I'am Cesar Caballero's aunt, I'm hoping this all gets settled before long. The Verona Band has taken our identity and BIA is doing nothing even-though the proof is in their offices, from years back. We exist and aren't going away unless taken by the great spirit. Money can buy anyone, especially our government. It is sad that Indian's who have gotten in with their tribe's, dis-enroll their own. Greed was never our way of life. What happened???? Your ancestors are probably stirring in their grave. Keep it up nephew."
http://www.topix.com/forum/city/palm-desert-ca/TBGSEFJQBUOS6UC8O

"...a corporation that develops, manages and operates Indian Casinos in California, Kansas, Mississippi, Michigan, Alaska, etc. American Indians fall under the Federal Bureau of Indian Affairs and the FBI) It seems that the "Shingle Springs Miwok Indian Band" and the (California Valley)"Morada Miwok Indian Band" are in a protracted law suit over the identity theft of the Miwok name. Lakes wants to build a stockton area casino for the Shingle Springs Indians. A hearing was held on January 15, Stockton, CA, according to the Morada Miwok website. Albert Seeno Jr was mentioned as financing a man named Chadd Everone/Ludwig. A tape recording was made. Everone is to gain control of the Miwok's name and give casino development rights to Albert Seeno's Lakes Development."
http://www.topix.com/forum/city/reno-nv/TH4GCDHD5JT2IG763