Barona Group Of The Capitan Grande Band Of Mission Indians v. Duffy

694 F.2d 1185 The BARONA GROUP OF the CAPITAN GRANDE BAND OF MISSION INDIANS, SAN DIEGO COUNTY, CALIFORNIA, Plaintiff-Appellant, v. John DUFFY, the Sheriff of San Diego County, California, Defendant-Appellee. No. 82-5408. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 5, 1982. Decided Dec. 20, 1982. Harrison W. Hertzberg, Hertzberg & Hertzberg, Los Angeles, Cal., for plaintiff-appellant. Bruce W. Beach, San Diego, Cal., for defendant-appellee. Appeal from the United States District Court for the Southern District of California. Before GOODWIN, HUG, and BOOCHEVER, Circuit Judges. BOOCHEVER, Circuit Judge: 1 Barona Group of the Capitan Grande Band of Mission Indians ("Barona") filed suit requesting declaratory and injunctive relief from the enforcement against them of certain county and state laws pertaining to the operation of bingo games by John Duffy, the Sheriff of San Diego County, California (the County). Summary judgment was entered for the County on March 26, 1982, and Barona has appealed. We reverse. FACTS 2 Barona is an independent Indian Nation recognized by federal statute with its reservation in the County of San Diego. Act of February 28,…