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Thursday, March 14, 2013

Setback for Pala Disenrolled Members; Robert Smith's Corruption Stands

Erick Rhoan of the estimable blog
Notes on Indian Law has the details of the failure to obtain justice for those involved in the Pala Disenrollments The disenrolled Pala people have a blog: PALA WATCH


 The Southern District of California dismissed an action by several disenrolled members of the Pala Indian tribe in Allen v. Smith ).  The tribal defendants filed a motion to dismiss on the basis of sovereign immunity, as is typical in these membership actions.  What sets this decision apart from your garden variety disenrollment dismissal is the first apparent decision regarding the individual/official capacity distinction that was referenced in this opinion.  And for that, we need to back up and explain things a little.

The Maxwell Decision

This time, plaintiffs attempted to make use of a new 9th Circuit case, Maxwell v. County of San Diego (link to Ninth Circuit for published opinion) to sue tribal officers in their individual capacity rather than the tribe itself.  In most sovereign immunity cases involving state and local governments, when a public officer is sued it makes a difference whether that person is sued in their individual or official capacity.  To keep it brief, official capacity suits are no different than suing the sovereign entity itself because if the plaintiff wins, then the money is paid by the entity.  However, when officials are sued in their official capacity, they are entitled to assert sovereign immunity as a defense to the plaintiff’s claim so long as they can show they were operating within the scope of their official authority.  Individual suits, on the other hand, target only the public official for his own actions and do not seek relief from the entity, but from the individual.

In Maxwell, family members of a shooting victim brought an action in federal court against a tribal fire department and its paramedics, alleging that the individual paramedics unreasonably delayed in obtaining medical treatment for the victim.  The paramedics asserted tribal sovereign immunity because they were operating under a public safety cooperative agreement which expressly reserved the tribe’s immunity in case of suit.  However, that did not work out for the paramedics because the Ninth Circuit held that a remedy against the paramedics would have operated against them individually and not the tribe.  The paramedics themselves would be paying the plaintiffs’ damages, not the tribe (indemnity agreements notwithstanding); therefore, as persons sued in their individual capacity, the paramedics could not assert sovereign immunity as a defense.

Read more at: Pala Disenrollments by ROBERT SMITH

Here are MORE links to the PALA ISSUE:

Pala disenrolled 162 members

Corruption at Pala Reservation

Pala disenrollments

21 comments:

Erick Rhoan said...

Thanks for the shout-out. Didn't know Pala had their own blog, I'll have to check that out too.

Anonymous said...

Why was the pala watch blog closed is it because they lost in court?

Anonymous said...

It was closed before they went to court

Anonymous said...

It is probably because of threats from the EC and because people were saying things about court that were untrue. Probably a trick by Robert to fool people. He will do anything to win, he uses the tribes money to fight all of his battles, and for all the other members of the EC. It will come back to haunt them one day.

Anonymous said...

So whats next they lost in court what are they gonna do? Will they reopen the site?

Anonymous said...

That disenrollment ruling setback everybody not just them.

lights out shows over for them.

Anonymous said...

It will never be over until the fat man is gone, in jail, or buried (if he is lucky enough to get buried).

Anonymous said...

I'm sorry ,god is the only justice you will see in this life time.

Anonymous said...

http://www.youtube.com/watch?v=JLTepW_JvlQ


This is how they do it where I live ( Do you have the heart )?

Anonymous said...

I think the Pala website was closed because it was proved to serve no purpose other than spreading hate and lies

Reinstatement_Restitution said...

I haven't asked Joseph why he closed comments, but the site is still open for anyone that wants to read the documents that prove the Pala disenrollments were based on a lie. Margarita Brittain was full blood Indian, other tribes and the BIA still recognize her as full blood, and it is only the Pala EC that is trying to deceive people.

The fight is not over for the disenrollees. There are still actions we are taking to right the wrong that was done to us. At this point though we are going to keep it to ourselves because the Pala EC has managed to undermine our efforts so far. They should party for a month, gloat, get overconfident, and completely forget about us for a while.

Anonymous said...

Get out of here reinstatement restitution just go away like the pala watch site.

Anonymous said...

Pala Watch web site is still up,check out the documents on the site.

Anonymous said...

Pala Watch isn't closed just the comments because someone was putting out misinformation to confuse the issue. Everything will be fine soon.

Anonymous said...

To March 19, 2013 at 10:49 PM,
What evil and hate has R&R put out? absolutely none, yet you say hurtful and hateful things. R&R just states the facts, is honest, is sticking up for the family. You are disrespectful and the ancestors will have their way with you. We have done no harm or wished any harm on anyone, yet we are persecuted for standing up for our ancestor and our selves, Wow, how dare we stand up for ourselves, because anyone else in our position would not do the same. So if this happens to you, you will not fight it at all? We will see.

Anonymous said...

Eww why would the ancestor have there way with me sick.

Anonymous said...

You probably have done way sicker things and people than that.

Anonymous said...

Fat Idiot Robert Smith disenrolled 164 Cupenos and now the purchase of Warner Springs Ranch goes to Pacific hospitality group? Smith would F up a sh*t sandwich!

Reinstatement_Restitution said...

I think the sellers did not want to sell to Pala because of Robert Smith. He speaks with forked tongue while he is lying out of both sides of his mouth, which is not an easy accomplishment, but appears to be his one and only talent.

And to the kind soul who wishes me to just go away, I am sorry to disappoint. There are so many people being harmed by the Pala EC, that I can't stop trying to reveal their evil agenda, and work to end their despotic reign. The people of Pala need to be free to make a future without Robert Smith, and he needs to be brought to justice.

I just can't turn away from my people.

Anonymous said...

To R&R, you are a warrior at heart. I feel that in your words. I also feel that you tire.

You have fought a great fight for what is true and right. I honor you for that,as should your people. Yes you have had setbacks which is to be expected in life.I have checked in on the PALAWATCH and with the elimination of anonymous comments the chatter has stopped. Some of which should have. I believe you intended this site to be a sharing of information and support, not vulgarity and theats.

Some of the talk is better not to be on the site. I understand the need to share information and news, so give those who have valuable news and input, but are afraid to speak except anonymously, the ability to take a name.

I will never criticize your cause, as I know it is right but you must keep the struggle and fight in front of anyone that will listen.

Seminole

Anonymous said...

R&R

I will be gone for awhile but I will look in on you over time but my words to you are

When you look into the face of the unbeatable opponent, you rely on courage, perseverance, ingenuity and guerrilla warfare. You will pervail.

Seminole