Cesar Caballero has been a thorn in the side of the Shingle Springs Band of Miwok Indians for several years.

Now the tribe is suing him.

The 39-year-old graphic artist says that 300 descendents of El Dorado County Miwok Indians are being denied their tribal rights, including land on the Shingle Springs Rancheria and proceeds from the new Red Hawk Casino.

The Sacramento Verona Band of Homeless Indians has stolen the identity of the Shingle Springs tribe in order to build the casino and reap the rewards, Caballero claims.

And he's been pretty vocal about it.

Caballero has spoken at meetings of the El Dorado County Board of Supervisors, El Dorado Irrigation District and chamber of commerce. Whenever the Shingle Springs Indians and the casino have been discussed, he usually has had something to say.

In August, he filed a fictitious business statement with the El Dorado County clerk naming himself as the tribal historian of the Shingle Springs Band of Miwok Indians.

There is no such business, Caballero says. He just wanted to lay claim to the name.

The tribe first sent Caballero a letter telling him to cease using the name, then last week filed a lawsuit in federal court.

The suit says the tribe has operated as the Shingle Springs Band of Miwok Indians since 1982, before Caballero started using the name. It points out that 39-year-old Caballero states in the fictitious business statement that he has been doing business under that name since 1914. It also claims his use of the name is an infringement of the tribe's unregistered trademark.

The tribe seeks a permanent court order to keep Caballero from using the name or any symbol associated with it. It also wants Caballero to stop representing himself as being affiliated with the tribe. The suit seeks unspecified damages, attorney's fees and any profits Caballero has made using the name.

"There is no profit," Caballero said Wednesday of the suit's specifics. "We're just declaring who we are. I guess they are mad at me because I'm Miwok and I'm declaring it. . We are the Miwok tribe. It's the truth."

He points to a letter from the Sacramento Local Agency Formation Commission, dated Oct. 21 of last year, that says that the rancheria's initial application for annexation to the El Dorado Irrigation District in 1987 was made by the Sacramento Verona Band of Homeless Indians.

He says this band of Maidu Indians moved up to the Shingle Springs Rancheria in the 1970s and '80s, ultimately usurping the Miwok Indians living there.

A representative for the Shingle Springs Band of Miwok Indians said that the tribe does not comment on pending litigation.

The Shingle Springs Reservation was established on 240 acres in Shingle Springs in 1914, according to county documents. It was later renamed the Shingle Springs Rancheria.

Caballero said his quest to have his tribe recognized as the authentic Shingle Springs Band of Miwok Indians began as simply tracing his family tree.

"When I started five years ago, it was just research - going to Indian gatherings collecting data," Caballero said.

Caballero said his research now fills four briefcases. He's assisted by a core group of 15 to 20 tribe members and a small group of local historians.

Wednesday he pushed a copy of a letter signed by a county librarian across the table. It says that a Rosa or Rose Craig, a full-blooded Indian, was living in the White Oak Township - now the Cameron Park-El Dorado Hills area - during an 1880 census. A letter from the Bureau of Indian Affairs in Sacramento certifies that Caballero is the grandson of Joseph A. Blackwell and great-great grandson of Rosa Craig.

So why doesn't Caballero simply become a member of the Shingle Springs Band?

He says the tribe hasn't responded to the application he made in 2004 and has denied at least three dozen others from his tribe.

Karen Hess of Lincoln says her family also was denied. Her mother applied to become an official member of the tribe many years ago.

"The original people are the ones being denied," Hess said. ". It's like we've never existed."

Hess and cousin Carla Minor in Arizona are both involved in the effort. Minor, who once worked for the Inter-tribal Council of California, travels from Arizona monthly to attend meetings.

"We're following along behind him (Caballero), trying to help in any way we can," Minor said Friday.

Hess said she resents insinuations their efforts are driven by greed. "We were fighting this well before the casino was even an idea," she said.

Caballero says he has relatives who sorely need the medical care and other benefits that they would have if their tribal identity were restored.

This suit and the countersuit he plans will bring the facts to light, he said.

"I'm not upset about being sued," Caballero said. "It gives me the opportunity to show the truth."