Ask a Question

Get free answers to your Native American Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
California Native American Law Questions & Answers
1 Answer | Asked in Personal Injury, Civil Rights and Native American Law for California on
Q: So can a security guard physically assault you and handcuff and detain u if u made kind of threats once so ever?

So on the the 5th of this month i was physically assaulted and then handcuffed and then detained by winriver casino security and i didnt say any threatening words or come at them in any threating way at all .they physically and mentally messed me up and i want justice for there actions and i dont... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 19, 2023

Security guards are authorized to use reasonable force to prevent harm or protect others, but they must act within the boundaries of the law. If you believe you were physically assaulted without justification by casino security, you may have grounds to seek legal recourse for excessive use of... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Domestic Violence and Native American Law for California on
Q: Are there any federal lawyers who are familiar with PL280, sovereign as well as interstate DV laws

I need a lawyer who understands Sovereign Indian law, Major crimes act, mcgirt etc... And willing to listen to a case of DV, deprivation of rights, equal rights to protection, interstate DV , etc

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 6, 2023

Yes, sovereign domestic violence laws grant tribal nations the authority to prosecute non-Native individuals who commit domestic violence against Native American partners or family members. Interstate domestic violence laws deal with cases where incidents occur across state lines. Laws and... View More

2 Answers | Asked in Native American Law for California on
Q: How do I get my lineage proved

I'm a direct descendant of G.A. from the San Diego San Pasquale band of Mission Indians in 2010 we tried to get my mother's lineage proved verified especially now since all lives matter I would like my lineage proved so I have that for my niece and nephew I need to know how not to be... View More

John Michael Frick
John Michael Frick
answered on May 24, 2023

This is more of a genealogy question than a legal question. From a legal perspective, the federal government maintained Indian Census Rolls from 1885-1940. These rolls are available form multiple sources. You can obtain copies of your mother's birth certificate and then her parents'... View More

View More Answers

1 Answer | Asked in Child Custody, Family Law and Native American Law for California on
Q: i signed a notarized letter for my mom to care for my son and now she filed for guardianship how do i get my child back
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 16, 2023

Review the Notarized Letter: Carefully review the notarized letter you signed granting temporary care of your child to your mother. Pay attention to the specific terms, duration, and conditions outlined in the letter. Understanding the scope and limitations of the arrangement will help inform your... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Juvenile Law and Native American Law for California on
Q: Need help find legal help son was beat by police hancuffed with batons an they put false stuff on report

Native American an they harass him on a Dailey because of background

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 7, 2023

I'm sorry to hear that your son has been mistreated by the police. If your son was physically harmed by the police and they falsified reports, he may have grounds to pursue legal action against the police department or the individual officers involved.

One option is to contact a civil...
View More

1 Answer | Asked in Native American Law and Probate for California on
Q: What is the appropriate form and proper filing method of a motion in CA?

Deterring from the use of a blank pleading page, what other forms are there?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 30, 2022

You need a notice of motion, motion, and sometimes a memorandum of points and authorities. You also need to serve it on the opposing side and reserve a hearing date. You would also sometimes want to draft a proposed order. You would also make sure that it is used on pleading paper.

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Native American Law for California on
Q: Can the tribe evict us out of my brother's house on the reservation after he has passed.

The land assignment has been passed down after my grandfather passed who was also chief.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 16, 2022

I would strongly recommend finding a good tribal lawyer who is familiar with tribal law, particularly landlord-tenant issues. This is a niche area of law and it is important that you find quality legal representation.

2 Answers | Asked in Employment Discrimination, Native American Law and Employment Law for California on
Q: I've been slandered,harassed by HR, discriminated do to my disability. Retaliated on . No one will due anything.

Was admitted to me I didn't get a position I applied for was due to my teeth, witch is caused by my disability. Over my 7 years experience and went with 2 year employee I trained. They refuse to fallow ADA, making policies to overlook my position and over looking policies to suit themselves.... View More

Brad S Kane
Brad S Kane
answered on Jul 31, 2022

It is illegal to discriminate based upon disability. Denying you a promotion (in favor of non-disabled person) and requiring only you to work weekends (while letting the non-disabled people have weekends off) may be evidence of discrimination. These cases are very fact specific. You should consult... View More

View More Answers

1 Answer | Asked in Car Accidents, Gaming and Native American Law for California on
Q: I was at Indian casino parking lot backed out nto a car

that had stopped to wait for a spot my fault? car pointing in opposite direction for flow out parking area. Normally there are no cars behind those spaces. I did look but in blind spot. two scratches. for some reason said lets not report he got estimate for 1000.

Dale S. Gribow
Dale S. Gribow
answered on Mar 22, 2022

More info might be helpful but sounds like you are at fault

1 Answer | Asked in Native American Law, Criminal Law, Traffic Tickets and Federal Crimes for California on
Q: Can the sheriff pull you over on an Indian reservation?
Dale S. Gribow
Dale S. Gribow
answered on Jan 13, 2022

more info is needed.

if a sheriff is in pursuit, he could do so.

as a rule, it is beyond their jurisdiction and they are usually called by the tribe for booking.

however, some crimes are prosecuted by the Indian Tribe, and if so you should get a criminal lawyer with...
View More

2 Answers | Asked in Estate Planning, Real Estate Law and Native American Law for California on
Q: My mother-in-law made me executor of her will. Her assets go to my wife and I have a question about the house.

She passed several years ago, and the house is still in the name of her estate. We've been living in the house. First of all, we'd like to transfer the title to us, so we'll need to know how to do that. Beyond that, the house is in disrepair, and either needs to be completely... View More

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 30, 2021

The process of administering a will is called probate. It sounds like the house is still in your mother-in-law's name because no probate was ever done. You need to hire a probate attorney to help you probate your mother-in-law's will. That will get the title to the house updated and... View More

View More Answers

1 Answer | Asked in Employment Law and Native American Law for California on
Q: Can my employer force me to wear a mask and threaten termination if I have a medical condition?
Neil Pedersen
Neil Pedersen
answered on Jun 27, 2021

Your employer can require you to wear a mask. If you have a medical note indicating that you cannot wear a mask due to a medical condition, that does not mean you get to take the mask off and work like you did before the pandemic. Rather, the employer as the obligation at that time to determine... View More

2 Answers | Asked in Personal Injury, Domestic Violence, Native American Law and Securities Law for California on
Q: Dose pachanga security have a right to put their hands on me due to haveing no I'd on my person far from 21 , 43?

Wasn't in casino took dog out to potty security approached ?about my Id in witch I had none boyfriend did .I was demanded to leave in a direction I did know at all I explained I'm not going that way and I'm going back inside to buy breakfast and then I was going to leave I... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 1, 2021

Contact a member of the Consumer Attorneys of California (CAOC)--they give free consults. It's possible you have a case though I'm not sure if it is likely to cover the costs of bringing it.

View More Answers

1 Answer | Asked in Personal Injury and Native American Law for California on
Q: I was injured in an attack by a patron while at The Spa Casino in Palm Springs. Medical bills $20k, how to proceed?

I have until May 15th to settle any claims against them. I am 71yrs. old.

Dale S. Gribow
Dale S. Gribow
answered on Apr 12, 2021

more info will be needed.

you should contact a Personal Injury Lawyer asap....and one that understands Indian Law, as they have their own tribal court..........assuming you are going after them.

you will have to show why the casino might be responsible for a patron's...
View More

1 Answer | Asked in Native American Law, Personal Injury and Gaming for California on
Q: Chemical burns at Indian casino..how should I proceed?

I was recently can really meet at a California Indian casino when I suffered chemical burns on the back of my legs due to sitting down on a chair that had been treated with the chemicals that they spray to disinfect against Covid. This caused me severe pain and swelling and caused me to go into... View More

Dale S. Gribow
Dale S. Gribow
answered on Mar 28, 2021

more info needed.

you may have a case but the complicating factor is you need not only a PI lawyer but one with experience suing Indian tribes

google for local PI lawyers to see if they have this kind of experience.

1 Answer | Asked in Civil Rights, Juvenile Law and Native American Law for California on
Q: Can cps detain and continue detainment based on one positive drug test? Can it be a er test? Only allegation on case?

Er didn't notify us test was even being done. It was a dip stick test with no 2nd confirmation test. One positive test followed by 6 negitive tests including on day of birth mom and baby tested clean. Cord blood came back clean. Mother has no criminal history of any kind, minor and adult.... View More

Louis George Fazzi
Louis George Fazzi
answered on Dec 26, 2020

More information is needed. The mother needs to find and obtain a lawyer with experience in Indian Child Welfare law in order to protect and assert her rights. If she needs your assistance, you need to remember that she will be the client and few attorneys will get involved in advising a client... View More

1 Answer | Asked in Health Care Law, Medical Malpractice and Native American Law for California on
Q: What type of attorney is needed for medical malpractice within a tribal health facility? And where is one found please?

I was informed that requires more than a regular public medical malpractice attorney due to jurisdictional limitations dealing with tribal heath facilities. Thank you for your time!

Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Dec 10, 2020

Not from my understanding

1 Answer | Asked in Civil Litigation, Civil Rights, Legal Malpractice and Native American Law for California on
Q: My brothers body was desecrated by a local mourtuary before he was to be creamated the owner had passed assuming he w

Upon further investigation by local sheriffs and state funeral and burial bureau they had closed the case 9 months later they recovered his body only due to the smell cause refrigeration had broke down I want to know if I have a case againts the sheriff's department and the state for... View More

William John Light
William John Light
answered on Nov 20, 2019

Yes, your family has a claim for the negligent treatment of his remains. (Christensen v. Superior Court (1991) 54 Cal.3d868, 879 [2 Cal.Rptr.2d 79, 820 P.2d 181]). Contact a PI attorney to discuss.

1 Answer | Asked in Civil Rights, Government Contracts, Libel & Slander and Native American Law for California on
Q: I wanted to know what I can do about TANF in pala Ca.? They have stressed me to the point of being ill and depressed.

I have proof that they mistreated me and recordings, I know that they have a personal vendetta with me.

Louis George Fazzi
Louis George Fazzi
answered on Sep 10, 2019

You have to provide a lot more detail in order to get decent legal advice. This is probably not the best forum for getting an answer for you. Contact the County Bar Association in the county in which the local office of TANF is located, and ask for a civil rights attorney referral. The initial... View More

1 Answer | Asked in Immigration Law, Family Law and Native American Law for California on
Q: My mother is a immigrant And we are scared about her getting arrested by ice.

My mother has lived here for 20+ years . She came from Mexico to flee crime and for a better life . We live in California and she has 3 kids that were born here. She doesn’t have a criminal record. She has a stable job and has never been arrested or pulled over by the law. All this news with the... View More

Kevin L Dixler
Kevin L Dixler
answered on Jul 4, 2019

The alleged plan is to look for people with final deportation orders, but incidental to a search, ICE may find others, ask questions and consider whether to detain, release and serve a notice to appear in immigration court.

It can help to review your situation and hers, but it is unclear...
View More

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.