Tuesday, March 3, 2020

MIWOK NATION Unsuccessful in Court Challenge to Theft Of Their Rancheria

Another chapter of the long-running battle between Cesar Caballero and the Shingle Springs Band of Miwok Indians has come to a close — this time with a fruitless ending.
In September, Caballero, the chief of what he claims to be the true Miwok tribe, sued the current tribal council members of the federally-recognized Shingle Springs Band of Miwok Indians tribe over control of the name and Shingle Springs Rancheria.

Despite a packed courthouse and highly anticipated hearing, El Dorado County Superior Court Judge Dylan Sullivan moved to dismiss the lawsuit during Jan. 24 proceedings.  Of course NARF was no help

Image result for Cesar Caballero
Cesar Caballero
As a state court judge, Sullivan said that she couldn’t act on the lawsuit because the Rancheria was granted to the tribe by the federal government through an Act of Congress — a statute the law doesn’t allow her to overrule.

The room grew intense at times during pre-hearing testimony, with about two dozen members of Miwok Nation, Caballero’s tribe, in the gallery. Representing Caballero, attorney Herman Franck said the Miwok people have been disenfranchised and robbed by the current tribal council.
“The folks who have taken over this land are imposters, they are frauds,” he said. “They should not be allowed to exclude true Miwoks.”
He continued, charging that the tribe’s actions are unlawful. “To me, it’s a theft. Like a theft of property. It’s a theft of a whole rancheria.”
At the core of the lawsuit is a debate over the ethnic makeup of current tribe members.
The lawsuit alleges that “at no time did the Miwok people and/or the Miwok Tribal Government ever authorize or agree to allow its sovereign operations to be somehow operated and controlled by Taino people.”

READ THE FULL STORY at Mountain Democrat

1 comment:

Peter Lepsch said...

Quite confused on why this effort was made in California superior court. Is this case Caballero v Shingle Springs? I'll have to pull the pleadings.