State of California v. Harvier

700 F.2d 1217 STATE OF CALIFORNIA, Plaintiff-Appellant, v. Vincent HARVIER, as Chairman of Quechan Tribal Council; George Bryant, William Curran, Joseph Jackson, Anderson Miguel, Jr., and Rebecca Ramirez, as members of Quechan Tribal Council; Neil Hill, as Fish and Game Warden for Quechan Tribe of Indians, et al., Defendants-Appellees. No. 80-5323. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 2, 1981. Decided March 4, 1983. Roderick E. Walston, Deputy Atty. Gen., San Francisco, Cal., for plaintiff-appellant. Charles Scott, Jr., Eugene R. Madrigal, Calif. Indian Legal Serv., Escondido, Cal., for defendants-appellees. Appeal from the United States District Court for the Southern District of California. Before NORRIS and REINHARDT, Circuit Judges, and HAUK, * District Judge. REINHARDT, Circuit Judge: 1 California brought this action under 28 U.S.C. Sec. 2201 (Supp.IV 1980) for a declaratory judgment against the chairman and certain members of the Quechan Tribal Council, and the fish and game warden for the Quechan Tribe of Indians. The state sought a declaration that it was empowered, under "federal Indian law," to apply and enforce its fish and game laws…