A California federal judge aims to terminate years of "legal harassment" directed at the Jamul Indian Village and its Jamul Casino by levying financial penalties on the plaintiffs and their lawyers. 

U.S. District Judge Andrew G. Schopler observed that the small tribe situated in San Diego County had encountered 20 separate legal challenges from the plaintiffs. These individuals are previous inhabitants of Jamul Village who oppose the casino that was established in 2016. 

Characterizing the scenario as “legal carnage,” Schloper stated that the latest lawsuit was pursued “only to harass and with complete awareness that it was fated to fail.” 

The judge instructed that the plaintiffs must cover all legal expenses from the beginning of the case. He wished this would "bring closure" to the series of "unsuccessful lawsuits with numerous changing and unjustified claims." 

Lawsuit Destined for Failure 

The most recent lawsuit, which has now been dismissed, identifies the Roman Catholic Bishop of San Diego. It does not specify the tribe since, as a sovereign entity, it cannot face lawsuits in civil matters. The lawsuit asserted that the continuous construction at the casino is disturbing a historic cemetery nearby, which the bishop entrusted to the tribe in 2017. 

The plaintiffs alleged that this was a fraudulent transfer, done so the Church could “attempt to avoid liability for desecration of remains and funerary objects interred” there.

Schloper determined that the plaintiffs failed to prove the land transfer was fraudulent. He also noted that the tribe was an indispensable party in the suit.

"The defense’s motion to dismiss must be granted for the same reason plaintiffs have heard time and again: The Village is an indispensable party, yet sovereign immunity stops it from being involuntarily added to the case,” Schloper wrote.

“This conclusion should not shock plaintiffs or their attorney. It’s been a consistent court finding each time they’ve attempted to deprive the Village of land,” he added.

Never Give Up 

The conflict originated in the early 1990s, when a federally recognized tribe of Kumeyaay Indians, referred to as the Jamul Indian Village, conducted an election between a candidate in favor of a casino and one opposed to it. 

The pro-casino group emerged victorious, and similar to those isolated bands of Japanese soldiers remaining in the Pacific jungles long after the conflict was over, the opposing faction continued to resist. 

“The only viable conclusion is that this action was brought in bad faith. And it is equally apparent that this campaign of harassment will not end until plaintiffs and their attorney are held to account for abusing the legal process,” Shloper wrote.