Andrus

MEMORANDUM OF DECISION

This is a civil action brought by plaintiffs, a group of Indian people residing at the Table Bluff Ranchería, against certain federal defendants, alleging breach of trust and contract, and seeking declaratory and injunctive relief as well as damages. Jurisdiction against the federal defendants is asserted under 28 U.S.C. §§ 1331 , 1346 and 1361.

Suit is also brought against defendant Steven Strawn, tax collector for Humboldt County, California, alleging unlawful taxation of the Ranchería and seeking injunctive relief. Jurisdiction for this claim is founded on 28 U.S.C. § 1343 and 42 U.S.C. § 1983 .

The case is now before the court on plaintiffs’ motions for class certification and partial summary judgment. The record before the court on the pending motions consists of the non-verified first Amended Complaint, the exhibits accompanying the motion for partial summary judgment, and the Declaration of Albert E. James (James’ Deck), one of the named plaintiffs and Chairperson of the Table Bluff Ranchería, in support of the motion for partial summary judgment.

The Pleadings

Plaintiffs’ complaint makes essentially four allegations. It alleges breach of trust…