9th Circ. Affirms Suit Over Tribal Remains Rightly Nixed

Law360 (December 12, 2019, 6:40 PM EST) -- A Ninth Circuit panel on Wednesday affirmed a lower court’s dismissal of a suit brought against federal officials and others by former Jamul Indian Village leaders who said the construction of the tribe's San Diego-area casino led to their disinterment of their ancestors’ remains.

The three-judge panel said U.S. District Judge Kimberly J. Mueller was correct to find the suit — from several individuals who describe themselves as former leaders of the Jamul Indian Village half-blood Indian community — must be dismissed under the Rule 19 standards because the tribe was not named as a party, despite having a “substantial interest...

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