Linneen

Linneen v. Gila River Indian Community

Good Law
2002 D.A.R. 163·2002 Daily Journal DAR 163·276 F.3d 489·2002 Cal. Daily Op. Serv. 109·2002 U.S. App. LEXIS 169
United States Court of Appeals for the Ninth CircuitJanuary 7, 2002No. 00-15120California1,041 words

Opinion

Lead Opinion

Fletcher, J.

Plaintiffs Ross and Kim Linneen filed a complaint in district court seeking monetary damages under 42 U.S.C. § 1983 , the United States Constitution, Arizona state law, and the bylaws of the Gila River Indian Community, based on allegations that a Gila ranger unlawfully detained and threatened them during an encounter on Gila land. The district court dismissed the complaint as to the Gila River Indian Community, and as to Mary Thomas, Governor of the Community, and Ralph Andrews, Gila River Tribal Ranger, in their official capacities, based on tribal sovereign immunity. We have jurisdiction under 28 U.S.C. § 1291 and affirm.

I

The Linneens drove into the desert south of Chandler, Arizona on January 1, 1996, to.take their dogs for a walk. The location they chose was on property belonging to the Gila River Indian Community (“Community”). Buddy Shapp of the Bureau of Indian Affairs spotted them, and Ralph Andrews, a ranger for the Community, was dispatched to investigate.

The Linneens allege that the following events took place: When Andrews arrived, he jumped out of his truck, drew his gun, and crouched behind the truck door. He ordered Ross to turn around and put his arms on his…

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