indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+
ph: 202 630 8439
Fredericks Peebles & Morgan LLP
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...
Stay Connected:

Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Native Sun News: Ceremony welcomes return of spiritual beings (3/31)
Tribes and families in South Dakota win big victory in ICWA case (3/31)
Non-Indian adoption group disputes BIA's new ICWA guidelines (3/31)
Dennis Chappabitty: How I survived a racist attack in Oklahoma (3/31)
Ellie Reynolds: Native people used as pawns in mascot debates (3/31)
Jordan Wheeler: Fan in fake headdress turned out to be Native (3/31)
Carolina Castoreno: Racism runs rampant in the 'Hoosier State' (3/31)
Tulalip man charged for buying firearm used in school shooting (3/31)
Man charged in stabbing of BIA superintendent in South Dakota (3/31)
Few details about well-being of Lower Brule Sioux Tribe leader (3/31)
Navajo Nation makes headlines as first with tax on junk foods (3/31)
School to use IHS grant to bring Native students into medicine (3/31)
German photographer earns trust on Fort Belknap Reservation (3/31)
Water agencies seek early appeal for Agua Caliente Band case (3/31)
Radio station on Hopi Reservation launches fundraising effort (3/31)
Bureau of Reclamation seeks $20.3M for tribal water projects (3/31)
Metis Nation of Saskatchewan closes doors after losing funds (3/31)
Report puts tribal gaming industry revenues at $28.3B in 2013 (3/31)
Fort Sill Apache Tribe loses bid to force state into gaming deal (3/31)
Santee Sioux Tribe prepares to open casino golf course in June (3/31)
Eastern Shawnee Tribe to welcome visitors to reopened casino (3/31)
Editorial: Cherokee Nation contributes to economy with casino (3/31)
Everything you wanted to know about tribal gaming in Arizona (3/31)
Opinion: Connecticut tribes face challenges to gaming empire (3/31)
Native Sun News: Designation sought at Cheyenne warrior site (3/30)
Lakota Country Times: Efforts to rename sacred peak ramp up (3/30)
Mark Charles: Nation was built on the dehumanization of others (3/30)
Navajo Nation considers agreement for land-buy back program (3/30)
US Attorneys named to lead DOJ Native American subcommittee (3/30)
Kevin Abourezk: Students retrace journey of Chief Standing Bear (3/30)
Patricia Paul: Overcoming hardships and becoming a tribal judge (3/30)
Julianne Jennings: Taking care of our eyesight in Indian Country (3/30)
Police looking for clues after murders of Indian man and woman (3/30)
Chairman Michael Jandreau of Lower Brule Sioux Tribe in hospital (3/30)
Hundreds pay respects to Navajo Nation officer killed on the job (3/30)
Police officer who kicked Native man reinstated in Saskatchewan (3/30)
Native boy with rare disease granted wish to join favorite team (3/30)
Jury rules against Cheyenne River Sioux man in 'KKK' scar case (3/30)
BIA official expected to be released from hospital after stabbing (3/30)
BIA delays ruling on Pamunkey Tribe federal recognition petition (3/30)
Alex White Plume aims to grow hemp on Pine Ridge Reservation (3/30)
Blackfeet Nation opposes energy development on sacred lands (3/30)
Opinion: Don't include Indian Country in BLM fracking regulation (3/30)
Fort Peck Tribes might scale back plans for first gaming facility (3/30)
BIA rejects Menominee Nation off-reservation gaming compact (3/30)
Pokagon Band faces hurdles for a gaming compact with Indiana (3/30)
Nisqually Tribe to open second phase of $45M casino expansion (3/30)
Opinion: Expansion of gaming options not a good idea for Texas (3/30)
Native Sun News: Businesses show support for LNI tournament (3/27)
Lakota Country Times: Oglala Sioux fighter climbing in the ranks (3/27)
Mark Trahant: Alaska Natives look 10,000 years into the future (3/27)
Ivan Star: The influences of boarding school and Vietnam War (3/27)
Gyasi Ross: Funerals become family reunions in Indian Country (3/27)
Tim Giago hands over the reins as publisher of Native Sun News (3/27)
House committee passes Native American Children's Safety Act (3/27)
Bill to benefit Miami Nation moves forward in House and Senate (3/27)
City extended contract to send treated sewage to sacred peaks (3/27)
Oneida Nation welcomes ruling backing land-into-trust request (3/27)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | 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.