Federal Court Holds that California Waived Eleventh Amendment Immunity from IGRA Good Faith Suits

Here is the opinion in Big Lagoon Rancheria v. California — DCT Order Denying Cal Motion to Dismiss

The materials:

California Motion for Judgment on Pleadings

Big Lagoon Rancheria Opposition Brief

California Reply Brief

An excerpt:

Furthermore, there is no evidence that, in passing Prop. 29, the voters intended to repeal the broad waiver of sovereign immunity they had previously enacted with Prop. 5. Unlike Prop. 5, which took a systemic approach and would have permitted the operation of “Nevada-style casinos” by any tribe that wanted them, Prop. 29 simply approved eleven specific compacts that had already been ratified by the state legislature. The voter information materials on Prop. 29 say nothing about repealing section 98005′s waiver of sovereign immunity; in fact, the Legislative Analyst’s explanation of the measure says nothing about sovereign immunity at all. Rather, it simply explains the effect of the proposal as allowing the Pala compacts to enter into effect. There is thus no basis for concluding that the voters intended the artifact in section 12012.5(e) to change the status of California’s sovereign immunity in connection with IGRA actions.

This entry was posted in Author: Matthew L.M. Fletcher, gaming, Research, sovereign immunity and tagged , , , . Bookmark the permalink.

One Response to Federal Court Holds that California Waived Eleventh Amendment Immunity from IGRA Good Faith Suits

  1. Michael Smith says:

    I am seeking to find any laws, statutes, particularly Native Indigenous, both North American and Canadian or any laws or statutes will suffice pertaining to cultural sensitivity and race relations. I work for my Tribe as administrative assistant to Tribal Council/Legislative Branch and I am interested in trying to propose (introduce) legislation along these lines. I served in the military – I do not propose instituting ANY kind of militaristic doctrine within our Tribal make-up, however, I found their race relations requirements (mandatory training) throughout my military career every six months was very critical to the mesh of military life and oh so very informative and helpful. Can you help me or direct me where I might research?

    Kchi-Miigwech for all that you do for our people!

    Gchi-Mnadending (Very Respectfully),
    Michael Smith

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