Tribe continues effort to protect name

SACRAMENTO, Calif., May 27 /PRNewswire/ -- U.S. District Judge John A. Mendez dismissed a counter lawsuit Wednesday, May 20 filed by Cesar Caballero against the Shingle Springs Band of Miwok Indians that challenged the tribe's federally recognized status.

"We are very proud of our heritage and community. This ruling reaffirms our rights and further supports our sovereign governmental authority," said Nick Fonseca, Tribal Chairman of the Shingle Springs Band of Miwok Indians.

In Caballero's failed counter suit, the court rejected consideration of his claim that the Tribe wrongfully acquired federal recognition and owes him money damages. Mr. Caballero claims to descend from the members of the El Dorado Rancheria Miwok, a tribe the United States terminated pursuant to its policy in the 1950's.

Judge Mendez dismissed the counter lawsuit on seven different grounds. In addition to other bases justifying dismissal, he concluded the federally recognized Shingle Springs tribe has sovereign immunity and may not be sued. He also concluded the federally-recognized Indian tribe could not be foreclosed from using its own name, as Mr. Caballero sought to accomplish. Legal action is pending regarding the Tribe's initial complaint to protect its name from misappropriation by Mr. Caballero. The Tribe filed an action in December 2008 in response to Mr. Caballero's filing of a fictitious business statement under the name "Shingle Springs Band of Miwok Indians."

About the Shingle Springs Band of Miwok Indians

The Shingle Springs Band of Miwok Indians is a federally recognized tribe located in El Dorado County, California. The Tribe, whose members consist of Miwok, Maidu and Nisenan Indians, governs the Shingle Springs Rancheria, a 160-acre Indian reservation in Shingle Springs, Calif. The Tribe seeks to honor and protect its members' territory and cultural heritage to benefit future generations. The Shingle Springs Band owns and operates the Red Hawk Casino, providing employment to their tribal members and residents of surrounding communities. Its revenues enhance the Tribal Government's ability to meet the essential needs of the membership.

    Media Contact:
    Joely Proudfit, PR Consultant
    Shingle Springs Band of Miwok Indians / Naqmayam Communications
    650-255-2860
    jproudfit@naqcom.com
SOURCE Shingle Springs Band of Miwok Indians

Published May. 27, 2009