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CHEMEHUEVI INDIAN TRIBE v. WILSON

No. C97-01478 BZ.

987 F.Supp. 804 (1997)

CHEMEHUEVI INDIAN TRIBE, Coyote Valley Bank of Pomo Indians, Elk Valley Rancheria, Hoopa Valley Indian Tribe, the Hopland Band of Pomo Indians, Redding Rancheria, Smith River Rancheria, Plaintiffs, v. Pete WILSON, in his official capacity as Governor of the State of California; and the State of California, Defendants. United States of America, real party in interest; United States Department of Justice, real party in interest; Janet Reno, Attorney General, in her official capacity as Attorney General of the United States; Michael Yamaguchi, in his official capacity as United States Attorney, for the Northern District of California, Defendants.

United States District Court, N.D. California.

November 24, 1997.

Attorney(s) appearing for the Case

Lester J. Marston, David J. Rapport, Scott Johnson, Rapport & Marston, Ukiah, CA, for Plaintiffs.

Patrick R. Bupara, Asst. U.S. Atty., U.S. Attorney's Office, San Francisco, CA, for real party in interest Defendants.

ORDER GRANTING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT

ZIMMERMAN, United States Magistrate Judge.

This case presents the difficult question of what remedy exists for an Indian tribe confronted with a state that the tribe believes is not honoring the tribe's rights under the Indian Gaming Regulatory Act, now that the Supreme Court has eliminated the remedy Congress provided. For the reasons explained below, I conclude that the remedy sought by the plaintiff...

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