Lewis

Lewis v. Norton

Good Law
424 F.3d 959·2005 WL 2209921
United States Court of Appeals for the Ninth CircuitSeptember 12, 200503-17207California1,878 words

Opinion

Opinion

Schroeder, J.

The plaintiffs-appellants are siblings who brought this action against the United States claiming that they are entitled to recognition as members of the Table Mountain Ranchería, a federally-recognized Indian tribe, and therefore to share in the revenue of that tribe’s very successful casino near Fresno, California. Although their claim to membership appears to be a strong one, as their father is a recognized member of the tribe, their claim cannot survive the double jurisdictional whammy of sovereign immunity and lack of federal court jurisdiction to intervene in tribal membership disputes. See Santa Clara Pueblo v. Martinez, 436 U.S. 49 , 98 S.Ct. 1670 , 56 L.Ed.2d 106 (1978). We therefore must affirm the district court’s dismissal of the action.

The plaintiffs-appellants are Kathy Lynette Lewis, Larry Paul Lewis, Jerry Lee Lewis, and Chad Elliott Lewis, four siblings whose father was admitted to the Table Mountain Ranchería in 2000. The defendants-appellees are officials of the Department of Interior, the Bureau of Indian Affairs, and the National Indian Gaming Commission.

The key events giving rise to this dispute are those surrounding the recognition of the Table Mountain…

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