Ronald Oertwich v. Traditional Village of Togiak

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

RONALD OERTWICH, No. 19-36029 Plaintiff-Appellant,

D.C.

v. No. 3:19-cv-00082-JWS

TRADITIONAL VILLAGE OF

TOGIAK, AKA Community of OPINION Togiak, AKA Native Village of Togiak, AKA Traditional Council of Togiak; JIMMY

COOPCHIAK; LEROY

NANALOOK; ANECIA KRITZ;

ESTHER THOMPSON; JOHN

NICK; WILLIE WASSILLIE;

HERBERT JR. LOCKUK;

WILLIE ECHUCK, JR.; CRAIG

LOGUSAK, in their individual and official capacities; PAUL

MARKOFF; PETER LOCKUK,

SR.; BOBBY COOPCHIAK,

Defendants-Appellees.

Appeal from the United States District Court for the District of Alaska John W. Sedwick, District Judge, Presiding Argued and Submitted June 15, 2021 Anchorage, Alaska

Filed March 30, 2022

Before: Johnnie B. Rawlinson, Morgan Christen, and Ryan D. Nelson, Circuit Judges.

Opinion by Judge Rawlinson; Dissent by Judge R. Nelson

OERTWICH V. TRADITIONAL VILLAGE OF TOGIAK

SUMMARY*

Tribal Sovereign Immunity

The panel affirmed in part and reversed in part the district court’s dismissal, for lack of subject matter jurisdiction, of Ronald…