Attorney: Court erred in dismissing lawsuit

Chris T. Nguyen

Wednesday, Aug. 10, 2005 | 9:19 a.m.

LOS ANGELES -- An attorney for ousted members of a casino-rich California tribe said Tuesday an appeals court misinterpreted federal law when it dismissed their closely watched civil rights lawsuit.

Eleven former members of the Pechanga Band of Luiseno Mission Indians are suing the tribe, claiming their rights were violated when they were thrown out of the tribe last year. They also claim losing about $120,000 a year apiece in casino profits that came with tribal membership, as well as homes, jobs and health benefits.

The case involves interpretations of Public Law 280, which was enacted in 1953 and grants courts in California and several other states jurisdiction over disputes that arise on American Indian reservations.

In its ruling Monday, the 4th District Court of Appeal in Riverside recognized tribal sovereignty, citing a 1977 U.S. Supreme Court ruling that upheld tribes' right to select their own members.

"We are persuaded that Congress did not intend that the courts of this state should have the power to intervene -- or interfere -- in purely tribal matters," acting Presiding Justice Betty Richli wrote for the three-judge panel's unanimous decision.

Jon Velie, the plaintiffs' attorney, said the panel misread the law.

"The intent of Congress in this case was to provide a day in court for individuals against tribes ... and now that's been erased," he said. "This opinion essentially guts Public Law 280."

Velie said he will request a rehearing and possibly take the case to the California Supreme Court.

The plaintiffs sued in March 2004 on behalf of an extended family of more than 130 adults and children who claim ancestry to the tribe, whose reservation and casino lie about 100 miles southeast of Los Angeles. They argue they were thrown out so that other members could receive a larger share of gambling revenues.

The former members say their lineage is recorded in tribal records and traces back 80 years to Manuela Miranda, the granddaughter of Pechanga Chief Pablo Apish.

Tribal leaders argue Miranda severed ties with the tribe when she moved off the reservation in the 1920s.

Pechanga Chairman Mark Macarro said money played no role in the tribe's action.

"The right to determine our tribal citizenship is central to Pechanga's identity as a distinct sovereign government," Macarro said in a statement.