Gila River Indian Community v. Henningson, Durham & Richardson, a Nebraska Corporation, and Ranier Construction Company, Inc., an Arizona Corporation

This is an action brought by the Gila River Indian Community against an architectural firm and a building contractor for damages for the negligent design and construction of a Youth Center on the Gila River Indian Reservation. The district court dismissed for lack of jurisdiction. Appellant contends that jurisdiction exists under 28 U.S.C. §§ 1331 and 1362. The major issue on this appeal is the extent of the jurisdiction afforded by section 1362.

In 1966, Congress enacted 28 U.S.C. § 1362 which provides for district court jurisdiction over suits brought by Indian tribes or bands:

In this appeal we are faced with the question of whether Congress intended federal jurisdiction in such suits to be broader than that of the jurisdiction of the district courts in suits brought under the general federal question jurisdiction statute, 28 U.S.C. § 1331 , and if so, whether such jurisdiction extends to this type of case. Appellant contends that the district court erred in concluding that jurisdiction under section 1362 does not extend to the facts of the present case. We affirm.

I

The appellant, the Gila River Indian Community (“Tribe”), is composed of the confederated Pima and Maricopa…