Federal Judge Lets Key Claims Proceed in Round Valley Cannabis Raid Lawsuit, Dismisses Others

rural property with hoop houses on the Round Valley Reservation

An aerial image included in court filings shows a fenced property on the Round Valley Indian Reservation with multiple hoop-style cultivation structures and adjacent residences. 

A federal judge has issued a mixed ruling in the lawsuit brought by members of the Round Valley Indian Tribes and the Tribe itself against Mendocino and Humboldt County law enforcement officials, allowing several claims tied to alleged unconstitutional searches and property destruction to proceed while dismissing others that challenge state jurisdiction on tribal land.

In an order filed January 29, U.S. District Judge Robert M. Illston of the Northern District of California granted in part and denied in part motions to dismiss filed by Mendocino County Sheriff Matt Kendall, Mendocino County, and California Highway Patrol Commissioner Sean Duryee.

The case stems from July 22 and 23, 2024 raids on trust allotments within the Round Valley Indian Reservation. According to the First Amended Complaint, deputies from the Mendocino County Sheriff’s Office, assisted by other agencies including the Humboldt County Sheriff’s Department, allegedly entered homes and properties, destroyed cannabis plants and cultivation infrastructure, and caused significant property damage.

Plaintiffs include two grandmothers who say they cultivated cannabis for personal medicinal use under tribal law, and a rancher who alleges his family’s trust land was searched and damaged without a warrant.

In a press release issued by the Round Valley Indian Reservation in May 2025, tribal leaders and attorneys said the raids violated tribal sovereignty and constitutional protections, arguing that state and county marijuana regulations do not apply on the Reservation, which is governed by the Tribe’s own medical marijuana ordinance.

Judge Illston rejected the central jurisdictional argument. The court found that California laws governing cannabis cultivation and possession for sale are criminal in nature, not merely civil or regulatory, and therefore may be enforced on reservations under Public Law 280. Because of this, the court permanently threw out the first two claims, which alleged ruling that the state had no authority in the matter and could not interfere with tribal sovereignty.

However, the ruling did not end the case. The judge allowed several other claims to proceed, including allegations of unlawful searches and seizures under the Fourth Amendment and the California Constitution, claims under the Tom Bane Civil Rights Act, negligence claims, and selective enforcement claims. The court emphasized that even where jurisdiction exists, law enforcement must still comply with constitutional requirements governing warrants, probable cause, and the manner in which searches are conducted.

The court also addressed standing issues, limiting which plaintiffs may pursue certain constitutional claims, and allowed claims against CHP Commissioner Duryee to proceed in part while dismissing others on immunity and standing grounds.

The lawsuit seeks compensatory and punitive damages, as well as attorneys’ fees, for alleged injuries and property losses tied to the raids.

The case will now move forward on the remaining claims, with discovery and further proceedings expected to examine how the raids were conducted and whether constitutional violations occurred.

Below is the Judge’s Order:

Earlier: 

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Stink_Feathers
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Stink_Feathers
4 months ago

Get the cartels off of Indian land. There is so much fraud on these reservations due to poor leadership, the members need to wake up or defund them also

Geoff
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Geoff
4 months ago
Reply to  Stink_Feathers

Oh yes, the White-eye governments are so much more honest and honorable!

greendenny
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greendenny
4 months ago

are those herbs sold strictly on the reservation? if the herbs are transported from the reservation to be sold can the tribes be prosecuted then?