FAMILES SUE OVER HANDLING OF NATIVE AMERICAN REMAINS AT JAMUL CASINO SITE

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By Miriam Raftery

April 17, 2014 (Jamul) – Superior Court Judge Ronald Prager heard arguments today in a lawsuit by family members alleging that a contractor for Jamul Indians removed and dumped human remains.  The families seek an injunction to halt construction of a casino that the  tribe is building at the Jamul Indian Village site.

Plaintiffs contend that a contractor for the tribe, C.W. Driver, dug up the families’ remains from the historical cemetery at the casino site and dumped the human remains, with Caltrans permission on the state’s construction site for a new freeway interchange in Otay.

Judge Prager has given Caltrans until Friday, April 19 to respond and set an emergency hearing for April 22 on the request for injunctive relief.

The suit was filed on behalf of Native Americans Walter P. Rosales, Karen Toggery, and the estates of several deceased family members. 

A prior suit filed by the families against the tribe was dismissed in federal court.

The tribe was not sued in the current suit.  Chairman Raymond Hunter told the UT San Diego that the Jamul Indian Village “has no record of remains placed legally in any place other than the cemetery.” Hunter also stated, “Our tribe reveres and honors our ancestors and the passing of all tribal members.”


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Comments

Tribal Amnesia—

"A prior suit filed by the families against the tribe was dismissed in federal court." The former suit was dismissed because Karen and Walter were trying to prevent the desecration of their family remains. Judge ruled that there could be no suit unless the remains had already been desecrated. "The tribe was not sued in the current suit." The tribe now saying the suit should be dismissed because the tribe is "indispensable" to the suit vs. Caltrans, but also claims "sovereign immunity" and can't be sued, so the suit should be dismissed. Guess they want it both ways. "Chairman Raymond Hunter told the UT San Diego that the Jamul Indian Village “has no record of remains placed legally in any place other than the cemetery.” Hunter also stated, “Our tribe reveres and honors our ancestors and the passing of all tribal members.” "Chairman" Hunter has evidently forgotten that many of his tribal members attended the (very legal) burial of Walter's mother, one of those whose remains have been carted down to Caltrans' construction site. --- Caltrans contractor at the site will reportedly receive a bonus of $300,000, (tax dollars), if the work is done before the contract deadline. As the worm turns....

Thanks Kim,

for providing additional details.