indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+
ph: 202 630 8439   fax: 202 318 2182
Kill The Tobacco Master Settlement Agreement
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
Tribes want 9th Circuit to rehear Viejas Band immunity case

Filed Under: Law
More on: 9th circuit, arizona, california, immunity, viejas, washington
   

A sovereign immunity case that went against the fire department run by the Viejas Band of Kumeyaay Indians is drawing significant interest in Indian Country.

Last September, the 9th Circuit Court of Appeals ruled that the Viejas Fire Department and two of the tribe's emergency responders can be sued in connection with an incident in which a non-Indian woman died after being placed in a tribal ambulance.

The Viejas Band is now asking the court to rehear the case, saying it will negatively impact tribes and their local government partners. The 9th Circuit covers eight states and is home to more than 200 tribes.

"The court’s decision in this case, if allowed to stand without rehearing, will create clear intra-circuit and inter-circuit conflicts, will dramatically increase the cost of emergency fire and medical services for Indian tribes, and will discourage tribes from providing much needed emergency services in cooperation with state and local governments," the tribe said in a petition.

Other tribes are siding with the Viejas Band. So far, more than 20 tribes from California, Arizona and Washington have signed onto briefs to ask court to rehear the case.

"Amici are particularly concerned that the holding presents a direct threat to the cooperation and tangible benefits that California’s Indian tribes and their neighboring communities derive from mutual and automatic aid agreements," one brief that was signed by 15 tribes stated. " If the court’s holding stands as valid precedent, amici believe that it will discourage tribal governments from entering into such agreements, resulting in a degradation of the levels of public safety on both tribal lands and in nearby communities. This brief addresses the issues which surround tribal participation in mutual and automatic aid agreements and the deleterious effect of the court’s holding on them."

Turtle Talk has posted documents from the case, Maxwell v. County of San Diego.

9th Circuit Decision:
Maxwell v. County of San Diego (September 13, 2012)

Related Stories:
Court allows lawsuit against Viejas emergency responders (9/17)


Copyright © Indianz.Com
More headlines...
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Native Sun News: Little Shell Tribe gets closer to recognition (4/16)
Native Sun News: Pine Ridge fighter prepares for next match (4/16)
Letter from Cobell attorneys on second settlement payment (4/16)
Secretary Jewell to deliver commencement address at SIPI (4/16)
First member of Pascua Yaqui Tribe signs to play basketball (4/16)
Navajo Code Talker Samuel Smith passes away at age of 88 (4/16)
Nicholet Deschine: KTNN accepts 'hush money' for racial slur (4/16)
Jack Duran: Grindstone Rancheria finally gets a seat at table (4/16)
Dry Creek Rancheria to hold disenrollment hearings this week (4/16)
Hate group plans to protest at Alaska Native Heritage Center (4/16)
Colorado House passes bill to expand Indian tuition program (4/16)
Ute Tribe signs five-year agreement with University of Utah (4/16)
Judges from Turtle Mountain Band threatened with removal (4/16)
City in New York to drop legal battles against Oneida Nation (4/16)
Quinault Nation to reopen lake on reservation to non-Indians (4/16)
Lawsuit claims remains were removed for Jamul Band casino (4/16)
Mescalero Apache Tribe completes refinancing of casino debt (4/16)
Cherokee Nation Council passes gaming regulation measure (4/16)
Mashantucket Tribe working on casino deal in Massachusetts (4/16)
Opinion: Another futile lawsuit against Poarch Creek casinos (4/16)
Native Sun News: Tribes benefit from $5.15B uranium cleanup (4/15)
Clara Caufield: Northern Cheyenne Tribe marks return of chief (4/15)
DOI extends $1.2M in offers to Makah Reservation landowners (4/15)
Senate Indian Affairs Committee listening session in Montana (4/15)
Ernie Stevens: NIGA won't support racist depictions of Natives (4/15)
Navajo casino enterprise wasn't told of NFL team involvement (4/15)
Steven Newcomb: Scientists lay claim to Kumeyaay ancestors (4/15)
Opinion: Judge delivered 'remarkable opinion' in Cobell lawsuit (4/15)
Umatilla player Shoni Schimmel drafted by Atlanta WNBA team (4/15)
Fort Sill Apache Tribe wins recognition in New Mexico homeland (4/15)
CNN Series: Best places to experience Native American culture (4/15)
Lummi Nation argues for treaty fishing rights in disputed areas (4/15)
Blackfeet Nation heads into election season amid ongoing feud (4/15)
School district on Fort Peck Reservation to redraw voting areas (4/15)
Ojibwe man from Canada charged for possession of wild animals (4/15)
Navajo Technical University creates bachelor's degree program (4/15)
Opinion: Ignorance abounds in dealings with indigenous people (4/15)
Ute Tribe reaches new agreement for use of name by university (4/15)
Seminole Tribe faces $9.9M negligence claim over fall at casino (4/15)
Opponents seek referendum on Tohono O'odham Nation casino (4/15)
Connecticut tribes see another decline in slot machine revenue (4/15)
Four people plead guilty for theft from Minnesota tribal casinos (4/15)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.