No. 21-1048

Cesar Caballero, et al. v. United States, et al.

Lower Court: Ninth Circuit
Docketed: 2022-01-27
Status: Denied
Type: Paid
Response Waived
Tags: equal-protection first-amendment native-american-land-rights native-american-lands political-question-doctrine quiet-title right-to-access-courts sovereign-immunity
Key Terms:
DueProcess FirstAmendment FourthAmendment Trademark
Latest Conference: 2022-03-25
Question Presented (AI Summary)

whether-native-american-tribe-barred-from-pursuing-in-rem-quiet-title-remedies

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether the Trial Court and the Court of Appeals committed prejudicial error in barring/blocking a Native American tribe from pursuing in rem/ quiet title remedies on lands promised and granted to them by the USA from that tribe, but stolen by another tribe based on lack of subject matter jurisdiction due to the non-justiciable political question doctrine. 2. Whether or not, the Court committed prejudicial error by blocking a native American tribe from pursuing an in rem/quiet title/stolen tribal lands case, on the basis of USA sovereign immunity tribal sovereign immunity. 3. Whether the waiver by the United States of America of its sovereign immunity over quiet title claims impermissibly discriminates in violation of the Equal Protection Clause of the 14th Amendment against Native American tribes having quiet title claims that are barred by the Native American lands express exceptions set forth in 28 USC section 2409a. 4. Whether the Trial Court and the Court of Appeals committed prejudicial air in barring/blocking the Indian tribes pursuit of Land title claims constitutes an impermissible denial of the right to access to courts as guaranteed by the First Amendment right to | | petition the court government for redress of grievances. a] OST OF PARTIES The parties below are listed in the caption. Petitioner Cesar Caballero resides in the Eastern District of California. Petitioner Miwok Nation (Tribe) has a principal place of business in the Eastern District of California, and is a Native American tribe. Respondent Shingle Springs Band of Miwok Indians has a principal place of business in the Eastern District of California. It was the in Shingle Springs Band of Miwok Indians v. Caballero, USDC EDCA Case No. 08-cv-03133-KJM-AC; Ninth Circuit Case No. 20-16785. The Shingle Springs Band of Miwok Indians was also the Intervenor in Cesar Caballero; Miwok Nation (Tribe) v. United States of America , USDC EDCA Case No. Ninth Circuit Case No. 20-17356. Respondent United States of America is the Respondent herein, and Real Party in Interest in the lower courts. iii.

Docket Entries

2022-03-28
Petition DENIED.
2022-03-09
DISTRIBUTED for Conference of 3/25/2022.
2022-02-22
Waiver of right of respondent United States to respond filed.
2022-01-14
Petition for a writ of certiorari filed. (Response due February 28, 2022)

Attorneys

Cesar Caballero, et al.
Herman A.D. FranckFranck & Associates, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent