Tuesday, August 4, 2015

Pechanga really..REALLY wants the Cosentino Reversal DEPUBLISHED. Embarrassed at the STING of Defeat?

Pechanga's attorney Frank Lawrence is still trying to get the stain of the HUGE LOSS and smackdown of Pechanga that we reported HERE, Pechanga Fired Whistleblower...   depublished.   Even after a previous attempt, with an amicus brief was not only unsuccessful, but the decision was in the "don't bring that crap around here" tone...

To the Honorable Chief Justice and Associate Justices: 

Defendants and respondents Stella Fuller, John R.. Magee, Jason P. Maldonado, William R. Ramos, Robert B Vargas (collectively "Commissioners") at all relevant times collectively constituted the Gaming Commission ("Commission") of the Pechanga Band of Luiseno Mission Indians ("Tribe'), a federally recognized Indian tribe. 

The Commissioners respectfully request that this Court depublish the Opinion filed in the Fourth Appellate District; Division Three, in the above referenced matter. See Cal. R Ct. 8.1125; see also Cal. Const., article VI,§ 14. The panel originally filed the Opinion on May 28, 2015, see Exhibit 1, and subsequently corrected it a first time later that same day. See Exhibit 2. The panel then corrected the Opinion a second time on June 22, 2015 in denying the Commissioners' rehearing petition and depublication request.   
See the filing here on Turtle Talk


THIS  was the decision:



We reverse. For sovereign immunity to bar claims against tribal officials, the claims must be based on actions the officials took in their official capacity and within the scope of their official authority. An official’s actions that exceed the scope of his or her authority are not protected. 

Although the parties do not dispute that as members of the tribe’s gaming commission Defendants had the authority to revoke a gaming license if they received reliable information the licensee no longer satisfied the requirements for 3 obtaining a license or had engaged in conduct that reflected poorly upon the tribe or its gaming activities, the record lacks evidence showing Defendants received any such information about Cosentino or explaining why they revoked his gaming license. Cosentino, however, presented evidence supporting his claim Defendants exceeded the scope of their authority by revoking his license without cause in retaliation against him. 

Sovereign immunity prevents us from inquiring into the reliability of information Defendants may have relied upon in revoking Cosentino’s license or any other errors they may have made, but it does not prevent inquiry into whether Defendants exceeded their authority by using their official position to intentionally harm Cosentino.
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