Sunday, May 31, 2015

Cracks In The Tribal Sovereignty Shield Are Starting To Appear

For over a decade corrupt tribal leaders all across the United States have used the shield of Tribal Sovereignty to protect themselves from prosecution.  As more and more cases work their way through  the courts many Judges are left scratching their heads wondering how this could happen and wondering when Congress will do something.

Sure, a few people have gone to jail such as Michael Thomas, the former Mashantucket Pequot tribal chairman.  But most tribal leaders just continue on in their corrupt ways.  They have learned much from the U.S. Government.  They have learned how to bribe, I mean "Lobby", Congress.  They have learned how to donate to political campaigns in return for favors.  They have learned how to use their money, I mean influence, to get their way.

But perhaps, just perhaps, things are starting to change:

(h/t originalpechanga.com)

The Press Enterprise - Ruling a setback for tribal sovereignty Court of Appeal ruling exposes a chink in the sovereign armor of the state’s tribes.

BY AARON CLAVERIE / STAFF WRITER
Published: May 29, 2015 Updated: May 30, 2015 8:43 p.m.

Excerpts:
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The ruling, which was handed down Thursday, reverses a Riverside trial court’s dismissal of a lawsuit filed by a former casino dealer against five members of the Pechanga Gaming Commission who had revoked the dealer’s gaming license.

In 2013, the trial court dismissed the case filed by Benedict Cosentino of Temecula, saying the tribe was a sovereign nation and state courts did not have jurisdiction in the matter.
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Cosentino appealed the Riverside court’s decision. This week’s ruling said the individual actions of particular commissioners do not shield them from liability if they use their official position to “intentionally harm” someone. (emph. added).

Read Full Article Here-->The Press Enterprise - Ruling a setback for tribal sovereignty Court of Appeal ruling exposes a chink in the sovereign armor of the state’s tribes.


4 comments:

Anonymous said...

I can't wait for the 9th circuit court of Appeals to make a ruling on the Pala case. It will be very interesting if the Pala Disenrolled prevail on the merits alone. Especially if the sovereignty issue is set aside by the Courts. And the Martinez ruling doesn't apply in this matter. The BIA will be shitting little green apples for a long time. GO PALA PEOPLE, we will be praying for your win.

Anonymous said...

Has a date been set?

Anonymous said...

NO, not yet but it should be very soon.

Tamatúlnaqiš said...

Look at what wanting to be like the white people does to natives. If we truly believe in native ways, living, and religion non of this would have happened. We need to do what's right re enroll our people and stick to what we know. Native ways and everyone will prosper equally and happy