indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+ indianz.com on soundcloud
phone: 202 630 8439
Indian Law Online Master Degree - University of Tulsa College of Law
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:
On Facebook

On Twitter

On Google+

On SoundCloud
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Native Sun News: Indian lawmakers achieve goals in Montana (8/3)
Lakota Country Times: Skate competition grows at Pine Ridge (8/3)
Mark Trahant: Appoint tribal delegates to serve in US Congress (8/3)
Delphine Red Shirt: Restore Black Hills peak to its rightful name (8/3)
Dana Lone Elk: Lakota grandmothers hold our society together (8/3)
Steve Russell: The Great White Lion Hunter kills only for thrills (8/3)
Steven Newcomb: High court still relying on Christian doctrine (8/3)
Muscogee Nation activist dangled from bridge to stop oil ship (7/31)
Native Sun News: Rapid City mayor denies claim of retaliation (7/31)
Ernestine Chasing Hawk: Rapid City mayor's year of retaliation (7/31)
Brandon Ecoffey: Rapid City continues with tradition of racism (7/31)
Clara Caufield: Northern Cheyenne Tribe leaves people in dark (7/31)
Lakota Country Times: Group seeks to boost Pine Ridge tourism (7/31)
Federal murder charges laid for shooting on Crow Reservation (7/31)
Alex White Plume asks court for permission to plant hemp crop (7/31)
Isleta Pueblo welcomes Secretary Sally Jewell for school event (7/31)
Tribes caught off-guard with mandate from Affordable Care Act (7/31)
Commerce Blog: Secretary Pritzker meets with tribes and youth (7/31)
Tribes in Pacific Northwest 'very worried' about future of salmon (7/31)
Alaska to recognize tribal domestic violence protection orders (7/31)
Moapa Band enters $4.3M settlement for power plant pollution (7/31)
Senate Ad-Hoc Committee on Indian Affairs holds first meeting (7/31)
Donald Trump not shy with invoking race when it comes to tribes (7/31)
Aquinnah Wampanoag Tribe sees big future with Class II casino (7/31)
Catawba Nation still waiting for answer on casino land-into-trust (7/31)
Last defendant sentenced in theft case at Yakama Nation casino (7/31)
Senate committee examines costs of substance abuse on tribes (7/30)
Senate Indian Affairs Committee delays vote on land-into-trust (7/30)
BIA allows two more New Mexico gaming deals to go into effect (7/30)
Former workers at Choctaw Nation casino plead guilty to theft (7/30)
Inmate charged with murdering Mississippi Choctaw man in jail (7/30)
Native Sun News: Keystone XL Pipeline protest draws big crowd (7/30)
James Giago Davies: Don't judge anyone's depth of Lakotaness (7/30)
Tara Houska: DC rally puts focus on threats to sacred Oak Flat (7/30)
Sarah Sunshine Manning: Native mother left to die in a jail cell (7/30)
Julian Brave NoiseCat: Native issues you aren't hearing about (7/30)
Peter d'Errico: Seeking action after apology from Pope Francis (7/30)
Suspect in custody over deadly shooting on Crow Reservation (7/30)
Shooting highlights racial tensions on Wind River Reservation (7/30)
Pueblo man goes on trial for brutal murder of Navajo woman (7/30)
Another sentence in Chippewa Cree Tribe corruption scandal (7/30)
Oglala Sioux Tribe on track to complete $16.5M nursing home (7/30)
Quapaw Tribe hosts relatives for annual language conference (7/30)
Former police chief for Swinomish Tribe pleads guilty to theft (7/30)
Winnebago Tribe seeks more time to remove old bank building (7/30)
Opinion: Eastern Cherokee leaders kick reporter out of meeting (7/30)
Indian family in Washington still pursuing casino on trust land (7/30)
Red Lake Nation leader supports sales of liquor at two casinos (7/30)
Mohegan Tribe reports increase in profit from casino enterprise (7/30)
Sen. Barrasso introduces another version of land-into-trust fix (7/29)
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.