A New Mexico man who won $250,000 at a tribal casino can't sue in state court, the New Mexico Court of Appeals ruled on Tuesday.

Cruz Holguin won the jackpot in a random drawing at Ohkay Casino Resort, owned by Ohkay Owingeh, formerly known as San Juan Pueblo. He agreed to take half the money on the spot rather than accept the full amount in payments over 20 years.

But Holguin sued the tribe when his photo and name were used in an advertisement that described him as the winner of a "$250,000" drawing. He demanded he receive the full amount of the jackpot, plus damages.

Most of the claims were dismissed at the trial court but two invasion of privacy counts remained. The appeals court, however, dismissed those counts due to sovereign immunity.

The tribal-state Class III gaming compact provides a limited waiver of immunity for "bodily injury” and "property damage" claims. The appeals court said invasion of privacy doesn't fall into either category.

A lawyer for the tribe said Holguin could try to pursue his case in tribal court.

Get the Story:
Courts Side With Casino in Suit (The Albuquerque Journal 5/7)

Court Decision:
Holguin v. Tsay Corporation (May 5, 2009)