Cabazon Band of Mission Indians v. Smith

Good Law
388 F.3d 691·2004 WL 2495936
United States Court of Appeals for the Ninth CircuitNovember 3, 2004No. 02-56943California4,870 words

Opinion

Lead Opinion

Pregerson, J.

The Cabazon Band of Mission Indians (“Tribe”) appeals the district court’s order granting summary judgment to the County of Riverside (“County”) and its Sheriff Larry Smith (“Sheriff’) (collectively, “Defendants”). Through its suit, the Tribe seeks a determination that vehicles operated by its Public Safety Department are “authorized emergency vehicles” permitted to use and display emergency light bars while traveling on public roads between the noncontiguous portions of the Tribe’s reservation. Before the Tribe’s suit, Defendants repeatedly stopped and cited the Tribe’s police officers for violating California’s Vehicle Code whenever the officers traveled on nonreservation roads to respond to emergency calls from different portions of the reservation. The Tribe argues that prohibiting its emergency ve- *693 hides from displaying emergency light bars creates an undue burden on its ability to effectively perform on-reservation law enforcement functions. Because we conclude that applying the light bar prohibition to the Tribe’s police vehicles is discriminatory, we reverse.

FACTUAL BACKGROUND AND PROCEDURAL HISTORY

The Tribe is a federally recognized Indian tribe located in…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.