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Wednesday, September 23, 2015

Corrupt Tribal Officials in CA Can Breathe Easier TODAY! Cosentino V. Fuller ordered Depublished



 The CA Supreme Court has ordered the Cosentino v. Fuller, the decision that held that tribal officials can be held liable when they overstep their bounds, be depublished.

How do you do it?  Well, by getting the court to believe a LIE.   Pechanga attorney Lawrence, provided the court with "evidence" from the Great Western case.  No matter that the court couldn't find the quotes anywhere in the actual decision.  Don't sue me, Frank,  bubby...here's from the court:

Defendants similarly argue their motivations in revoking Cosentino's license are irrelevant. According to Defendants, the Great Western Casinos court applied sovereign immunity to dismiss intentional
tort claims against tribal officials even though "'[t]he tribal council members' alleged motivations for these actions were plainly illegal and not expressly authorized under applicable law."' - (Rehearing Petition pp. 21& 22)- The Great Western Casinos decision, however, does not include his quote Defendants attribute to it and we have been unable to find that quote in any other reported case. Moreover, this rule also would conflict with Turner's statement tthat a tribal official may forfeit immunity by acting out of personal interests.

As Cosentino attorney Twietmeyer put it in his opposition:

Cosentino vs. Fuller should not be stricken from our state's case law based on the summary, slap-dash, ill-informed and (now) deliberately misleading arguments that have surfaced in the numerous depublication requests filed in this Court. Defendants' disgraceful request is the most potent illustration of why Cosentino vs. Fuller was correctly decided, for, if Defendants arguments had any merit Defendants would not need to fabricate law and evidence to support their position. Cosentino vs. Fuller should remain published.

What this means is that the Cosentino decision STANDS on it's merits, but there was NO NEW LAW made.  Pechanga doesn't WIN here, the OTHER tribes do, as Cosentino can NO longer be used as case law.

The bad guys, and potential bad guys win.  




15 comments:

Anonymous said...

The California Supreme Court are idiots and don 't listen to truth. This will come back to haunt them too, because in life here on Earth if you are in an important position with the possibility to put rulings on certain things and you go against what is right, whether or not the law says they can do it, (they should be looking at every angle to oust the evil ones), and if your decision can help evil people get away with their corruption then you are guilty too, in God's eyes. When you die there will be no one standing beside you that you can blame your actions on and no matter what you will have to do some kind of penance for your decisions especially if they affect people in a negative way. That is God's vengeance and he will have it.

Anonymous said...

Appeal to the United States Supreme Court!

Anonymous said...

It can't be appealed to the Supreme Court. The decision is final. Seems the California Supreme Court may be suffering a slight case of affluenza. It wouldn't take much. Tribes to Governor Brown. Governor Brown to a Justice appointee of Brown. Nice, clean and effective. The result is that the majority of Indians seeking justice against corrupt tribal officials just became more difficult. Why would the State do this. It has to be about the money flow, campaign contributions and more. Don't the elected get it? It is the tribes moneys that they keep stuffing in their pockets and some day the tribes will get their power back and we will not forget. WE WILL NOT FORGET.

White Buffalo said...

September 23, 2015 at 5:44 PM I agree with you. Also we have know that this is a battle that will not be easily won. Our collective history proves this, for, at least five hundred years we have been at war with those who would see us enslaved or dead. Nothing has changed. The reason we were allowed to have the casinos is two fold. The first those who would seek to use and profit from the casino enterprise know that we do not have the expertise to manage and govern such wealth creating projects. This allows them, those who would harm the Indian culture to take over overtly or in many cases subvert ways. What do I mean through non Indian members being placed in positions of power within tribes or within agencies and organizations who would support those who seek to use and harm the Indian nations. or simply use the greed of man by allowing people who are Indian and corrupt stay in power. This second reason allows the corrupt Indian to harm their own by and through restrictive tribal policy and practice, stealing from the tribe, and the most obvious being disenrollment, disenfranchisement, and moratorium against their own. Tis is overly simplified and there are more reasons connected, but the facts is it is a simple problem that has been made complicated because of human nature.

H. Caufield said...

The bad guys always win in this world.

Anonymous said...

The CA supreme court either took a dive, or they took a bribe. Perhaps both. What kind of illegitimate kangaroo court would depublish a scathing 3-0 decision ?

Sandbox said...

Why doesn't the California supreme court depublicate prop 94 ? Why wasn't deputy DA Fuller ever charged with aiding & abetting a criminal organization ? Or a conflict of interest ? Where is the accountability ?

Anonymous said...

Makes one wonder just how legitimate and regulated Indian gaming in California really is, if so many tribes are compelled to protect their commissioners from being held accountable when they act beyond the scope of their duties.

Unknown said...

A sad day when people and governments cannot be held accountable in a court of law.

Sandbox said...

They all feed from the same digusting filthy trough.

Anonymous said...

Just shot the Bastards, and claim Sovereignty. That can't be as criminal as the mass killings that these assholes are doing to true native people.

Anonymous said...

Who is deputy DA Fuller and what does aiding and abetting a criminal organization have to do with this case?

Reinstatement_Restitution said...

Depublication does not affect the decision of the court. The ruling stands. It does prevent others from citing the decision to support their arguments. This is a loss. Andrew Tweitmeyer says the reason for the depublication, though not stated, could be that the laws already provide for the denial of sovereign immunity to tribal leaders and employees who overstep their authority. This is true as we can cite Maxwell v. County of San Diego where tribal employees were not allowed to claim immunity when their actions or lack thereof led to a wrongful death. They employees were not acting as representatives of the tribe, and were sued as individuals.

Anonymous said...


Why is it, that every time we get a little hope on something, someone
steps in and reverses it?
Like I said before, the only way to get them out is to shoot or stab them. Take them out for good and be done with it.

Reinstatement_Restitution said...

How many people do you have to take out to fix things? Some people think if you cut off the head the snake will die. This is too simplistic. The corruption runs deep. People have to join together and work for positive change. It's a tough road to hoe, but necessary to make the changes lasting.