Roache

Sycuan Band of Mission Indians v. Roache

Good Law
38 F.3d 402
United States Court of Appeals for the Ninth CircuitSeptember 26, 1994Nos. 93-55430, 93-55431California4,317 words

Opinion

Lead Opinion

Canby, J.

This appeal presents a conflict over the power of state authorities to prohibit certain forms of Indian gaming. Edwin L. Miller, the District Attorney of San Diego County, California (the State), appeals' the district court’s injunction forbidding the State’s prosecution of certain individuals employed in Indian gaming operations on the reservations of the Barona, Sycuan and Viejas Bands of Mission Indians. On cross-appeal, the Sy-cuan Band challenges the district court’s finding that its video “pull-tab” machines offer Class III games that were operated in violation of the Indian Gaming Regulatory Act (IGRA), 25 U.S.C. §§ 2701-2721 . We affirm the district court’s judgment in all respects.

*405 I. Background

After obtaining search warrants in the San Diego Municipal Court, sheriffs deputies raided gaming centers operated by the Baro-na, Syeuan, and Viejas Bands of Mission Indians on their reservations. The deputies seized gaming machines, cash and records. A short time later, District Attorney Miller commenced prosecutions of four persons employed in the Bands’ respective gaming centers. The Bands brought actions in the district court for declaratory relief and injunctions…

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