Legal Opinion

Chemehuevi Indian Tribe v. Wilson

District Court, N.D. California

Decided November 24, 1997No. C97-01478 BZPublishedCited by 4 opinions

1Opinion of the Court

ORDER GRANTING PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT

ZIMMERMAN, United States Magistrate Judge.

This case presents the difficult question of what remedy exists for an Indian tribe confronted with a state that the tribe believes is not honoring the tribe’s rights under the Indian Gaming Regulatory Act, now that the Supreme Court has eliminated the remedy Congress provided. For the reasons explained below, I conclude that the remedy sought by the plaintiff Tribes — a judgment that the United States should sue the State of California on their behalf — is available.

In 1987, the United States…

2Cases cited30 opinions

  1. Mallard v. United States Dist. Court for Southern Dist. of IowaSupreme Court of the United States · 1989
  2. Seminole Tribe of Florida v. FloridaSupreme Court of the United States · 1996
  3. United States v. MitchellSupreme Court of the United States · 1983
  4. Powell v. McCormackSupreme Court of the United States · 1969
  5. Heckler v. ChaneySupreme Court of the United States · 1985

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3Cited by4 opinions

  1. New Mexico v. Department of the InteriorCourt of Appeals for the Tenth Circuit · 2017
  2. UNITED STATES of America, Plaintiff-Appellee, v. THE SPOKANE TRIBE OF INDIANS, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1998
  3. United States v. 1020 Electronic Gambling MacHinesDistrict Court, E.D. Washington · 1999
  4. United States v. 1020 Electronic Gambling MacHinesDistrict Court, E.D. Washington · 1998

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