Mark S. Allen v. Gold Country Casino the Berry Creek Rancheria of Tyme Maidu Indians Mattie Mayhew

Mark Allen is a former employee of the Gold Country Casino, which is owned and operated by the Tyme Maidu Tribe of the Berry Creek Ranchería in California. After the Casino fired Allen, he sued it and the Tribe. The district court dismissed the claims against the Tribe and the Casino on the ground of sovereign immunity. Allen concedes the Tribe’s immunity, but argues that the district court erred in extending that immunity to the Casino without scrutinizing the relationship between the Tribe and the Casino. We find no error in the district court’s dismissal of Allen’s claims against the Casino because the record and the law establish sufficiently that it functions as an arm of the Tribe.

Allen also asserted various claims against Mattie Mayhew, a tribal member, and John Doe defendants. We reverse in part the district court’s dismissal of these claims and remand for consideration of Allen’s claims under 42 U.S.C. §S 1981 and 1985, along with any state law claims over which the district court may exercise supplemental jurisdiction.

I. Facts

Allen was employed by Gold Country Casino as a surveillance supervisor. Gold Country Casino is a tribal entity formed by a compact…