Morongo Band of Mission Indians, Plaintiff-Counter-Defendant/appellant v. Frank Rose Clive "Sonny" Miller, Defendants-Counter-Plaintiffs/appellees

The Morongo Band of Mission Indians (The Band) brought this action in district court to enforce its ordinance regulating bingo games on its reservation. The defendants were Miller, an Indian and member of the Band, and Rose, a non-Indian. The complaint alleged that Miller and Rose were conducting unauthorized bingo games on Miller’s allotted land within the reservation. The district court dismissed for lack of jurisdiction, holding that the claim did not arise under federal law. See 28 U.S.C. §§ 1331 , 1362. The Band moved for reconsideration, and for leave to file an amended complaint. The district court denied both motions, and the Band appealed.

After hearing argument, we deferred submission of this case pending our decision in Chilkat Indian Village v. Johnson, 870 F.2d 1469 (9th Cir.1989). After Chil-kat was decided, the Band stipulated to dismissal of its appeal as to defendant Miller. Both parties then submitted supplemental briefs on the effect of Chilkat on the claim against Rose.

Issues

Our answer to the first question is “yes”; to the second, “no.”

Factual Background

The Band is a federally recognized Indian tribe occupying and governing the Mor-ongo Indian…