Friday, September 10, 2010

Gonzales Lawsuit Appeal Hearing Date Set

     TEMOAK TRIBE - The appeal hearing date for Davis Gonzales' lawsuit against Elko Band Council has been set for September 20 at the tribal court house.
     The hearing will consolidate three cases, the Gonzales lawsuit, Premo vs. Elko Band, Mendez vs. TMHA, and Ike vs. Stevens.
     The focus of the appeal hearing will center on the question of whether the tribal goverments and agencies of the tribe can be sued.  Originally, Judge Bill Kockenmeister dismissed the cases and ruled that the government and agencies of the tribe could not be sued because the tribe had not waived its immunity to suit.
     If Kockenmeister's original decision is overtuned, the damages against the tribe for the three cases could amount to $2 million dollars.

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