Allen

County of Lewis v. Allen

Good Law
163 F.3d 509·98 Daily Journal DAR 12641·1998 WL 852960·1998 U.S. App. LEXIS 31056·98 Cal. Daily Op. Serv. 9021
United States Court of Appeals for the Ninth CircuitDecember 11, 1998No. 94-35979California3,367 words

Opinion

Lead Opinion

McKeown, J.

We are called upon to determine tribal jurisdiction in a circumstance involving a law enforcement agreement between two governmental entities, the Nez Perce Tribe and the State of Idaho. Under that agreement, the tribe consented to state jurisdiction over certain minor crimes. As a result, the tribe granted County of Lewis law enforcement officers authority to come onto the reservation to patrol, investigate and make arrests for these misdemeanors. Acting under authority of the tribal-state arrangement, a deputy county sheriff arrested a tribal member within the reservation for .disturbing the peace. The state court dismissed the charge. The tribal member then brought suit in tribal court against the county and its law enforcement officers, claiming false arrest, other torts and a civil rights violation stemming from the arrest. After the Tribal Court of Appeals affirmed a tribal court jury verdict against the county and its officers, they brought a federal court declaratory judgment action challenging tribal court jurisdiction. The district court held that the tribal court lacked jurisdiction over the non-Indian defendants. A three-judge panel of this Circuit agreed and affirmed.…

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