Coeur d'Alene Tribe of Idaho v. Idaho

Good Law
42 F.3d 1244
United States Court of Appeals for the Ninth CircuitDecember 9, 1994No. 92-36703California6,936 words

Opinion

Lead Opinion

Leavy, J.

An Indian tribe brought this action against a state, state agencies, and state officials for quiet title, injunctive relief, and declaratory relief. The district court dismissed all the claims on the grounds of Eleventh Amendment immunity and failure to state a claim. The Indian tribe appeals. We affirm in part, reverse in part, and remand.

FACTS

The Coeur d’Alene Indian Tribe (the Tribe) brought this action in federal district court in Idaho naming the State of Idaho, several state agencies (the Agencies), and several state officials (the Officials) as defendants. The Tribe claims title to all of the submerged lands within the boundaries of its reservation that were established by Executive Order on November 8,1873, and ratified by Congress in 1891, Chapter 543 § 19, 26 Stat. 989 , 1026-1029 (1891), including Lake Coeur d’Alene. The Tribe alternatively claims ownership of these lands pursuant to unextinguished aboriginal title. The Tribe’s claim to these lands includes a claim to the water on the land. The Tribe brought this suit to quiet title to these lands and waters in its name, and for declaratory and injunctive relief to preclude regulation or interference with possession…

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