Cahuilla Band of Indians v. Davis Complaint for Trespass

Here is the complaint:

1 Complaint

An excerpt:

This Court has jurisdiction over this action pursuant to 28 U.S.C. §§ 1331, 1362 and 1367, in that plaintiffs claims arise under the laws of the United States, including federal common law, plaintiff is an American Indian tribe with a governing body duly recognized by the Secretary of the Interior as maintaining government-to-government relations with the United States and exercising jurisdiction over the federal trust lands of the Cahuilla Indian Reservation in the unincorporated territory of Riverside County, California, near the town of Anza; and plaintiff’s claims that are not within the district court’s original jurisdiction are so related to the claims within the district court’s original jurisdiction that they form part of the same case or controversy under Article III of the United States Constitution. The specific laws of the United States under which plaintiff’s claims arise include, but are not limited to, the Mission Indian Relief Act of January 12, 1891 (26 Stat. 712) (“MIRA”); 25 U.S.C. § 415 and regulations promulgated thereunder; the federal Clean Water Act, 33 USC 1251, et seq. and regulations promulgated thereunder; and the federal Resource Conservation and Recovery Act, 42 U.S.C. § 6901, et seq. and regulations promulgated thereunder. The Court has supplemental jurisdiction over the Tribe’s state-law claims for trespass pursuant to 28 U.S.C. § 1367, in that those claims arise out of the same facts and circumstances as do the Tribe’s claims cognizable under the Court’s original jurisdiction.