Disappointing news...
Affirming the district court’s summary judgment in favor of the defendants, the panel held that the Bureau of Indian Affairs did not act arbitrarily and capriciously when it concluded that, according to tribal law, it had no authority to intervene in a tribal membership dispute, in which more than 150 people were disenrolled from the Pala Band of Mission Indians
MORE:
In reaching our decision, we recognize with regret that Plaintiffs will suffer severe and significant consequencesfrom losing their membership in the Pala Band. It is also plausible that Plaintiffs were disenrolled unjustly, or in a manner not in accordance with tribal law. But the AS-IAaptly noted that “in the exercise of sovereignty and self-governance, tribes have the right, like other governments, to make good decisions, bad decisions, and decisions with which others may disagree.” The federal government does not interfere in those decisions in the absence of specific authority to do so
PALA Tribe Disenrolls over 150 Family Members - Britten Family Ousted
Links to Pala Disenrollment stories
Pala Disenrollments from LA TIMES
Pala dispute leads to extermination of Indians
Pala Band of Mission Indians Terminates 154
Pala Disenrolls families
Pala disenrollments led to hardship
PALA WATCH
My heart goes out to those affected by this judgment. This is a judgment that is not surprising given we have been fighting the same system since 2004. The results are the same. it appears the courts are unwilling to legislate from the bench. I know this as we were told by the Supreme Court that they would not hear our case for this very reason.
ReplyDeleteit may be time to take justice into are own hands.since the courts wont!
ReplyDeleteYou would think you could find a judge OR a panel of judges that could look at the situation and see it for what it really is, but once again they protect the BIA and give deference to an evil man who concocted a lie about a woman who was born in 1852. Im sure Robert Smith and his whole inner crew are celebrating tonight. Perhaps the judges were biased by political connections, these people are all connected and influenced by their high powered connections, right?
ReplyDeleteAction needs to be taken. Publicly...
ReplyDeleteRaise a stink...
Pechanga lost this time in court:
ReplyDelete“Arbitration documents allege that doctors hired by Pechanga claimed she did not sustain a concussion, but had no explanation as to what was causing her continuing debilitating symptoms”
Here is the story:
Attorney Eric Traut Wins $2.88M Against Pechanga Resort & Casino in Slip and Fall Arbitration Award
By PR Rocket on July 8, 2016
“It is the only case to proceed to binding arbitration against the Pechanga Casino and the largest verdict in the state’s history against the Pechanga Indian Reservation under the Pechanga Tort Liability Act. (Jams Arbitration Case #1220049742:”
http://www.pressreleaserocket.net/attorney-eric-traut-wins-2-88m-against-pechanga-resort-casino-in-slip-and-fall-arbitration-award/468150/
I agree with 4:26 PM. It is time to make Smith, Nieto and Perez suffer for their actions.
ReplyDeleteJust say when and give me time to gather all of my home boys in Esc.
together and we can have a big party.
WHEN
ReplyDeleteI'm perfectly fine with handling this as an internal tribal matter but then I don't want the BIA getting invloved when robert calls them to back him up.
ReplyDeleteThe BIA acknowledges it is an INJUSTICE. All Natives recognize it is an injustice, even the ones committing it. However, until tribes and people take a stand for the Indian Way, then these casino indians will continue to decimate tribes.
ReplyDeleteWhat gets me so angry about this sovereignty argument is the fact that the tribe already voted and said we were tribal. I think the government should quit using Sovereignty as an excuse to not deal with the genocide going on in their own back yard instead of always trying to enforce their beliefs around the world.
ReplyDeleteYes, tribes should be allowed to decide who is and isn't a part of the tribe, but they shouldn't be allowed to take members who they simply don't like off the rolls. They shouldn't be allowed to go back on their own word. When the tribe voted that Margaretta was full blooded, that should have been the end of it. What is so freaking maddening about all this is the same BS document Robert used to say we were not part of the tribe was there in 1989 when the tribe voted, based on the recommendation by the BIA! Now 20 years later, Robert starts getting called on his shit and the next thing you know, he's killed off 1/3 of the tribe! No one, not even a self proclaimed "DICK-TATOR" like Robert should have the right to just steal another persons heritage because they don't like being called on the lies they are telling every one!
All I can say is someone posted on facebook how in the last 4.5 years since Robert kicked us off, the number of deaths on the Pala Reservation has tripled! I myself have lost two family members who were still tribal. I am not saying any of these people should have died or deserved to die, as far as I am aware, but Karma is a bitch and she loves to get payback! We won't need to take this matter into our own hands because at the rate Pala is dying off, there won't be much of a tribe left. Hmmm, maybe if Robert were to be kicked out of his self made throne and the rightful members of the tribe are reinstated, maybe, just maybe, Pala might quit loosing it's members. All I do know is Robert and the rest of the corrupt EC members might want to look at what is happening to their kingdom now! It's only going to get worse until things are made right. This is MY OPINION and I hope eventually someone will grow some balls and take that corrupt pig of a man down off the throne he has built. If any of the current members are worried about what is happening to your once thriving community, do something about it! Quit letting that greedy SOB run your reservation into extinction! Give it another 5 years and you may not have any sort of reservation left! Stop being bullied by that ass and his mafia style tactics!! If you care about your tribe at all and not just the money you get by keeping quiet, then say something against him before its too late. Lets face it, if he continues to disenroll people for standing up to him, EVENTUALLY someone in the Federal Government will have to stop him.
Stop Pala from becoming a ghost reservation! Get rid of the current EC and save what is left of the tribe before it all goes away!
I agree with the last post people should take of this shit on there own then the gov might start to do something till then nothing will get done
ReplyDeleteI hope this doesent effect san Pasqual case I hope members win the case someone needs to win over government
ReplyDeleteThis comment has been removed by a blog administrator.
ReplyDeleteNobody take Smith out , his security at stairwell is a joke including that white boy Karate expert that works tribal security. If everyone had the balls to kick in a grand each it would of been handled. But all too cheap. Now im retired hahaha. Some know how to find me. Keep geeting ass raped by him an Andrew.
ReplyDeleteSo 9:34 AM
ReplyDeleteWhy do you want so much money for doing the world a great justice.
Just do it already.
Listen up Pala Members.
ReplyDeleteWord coming down from a good source says that more disenrollments are coming before the next elections, which would be in NOVEMBER.
That's when Smith's and Nieto's seats are up.
But you all know that if you wait until after the elections are over, you will lose and the same 2 evil son of a bitches will continue their bullshit because the elections are totally "RIGGED".
So before they act, get them out.