Reed

MEMORANDUM ***

Officers Scott Reed and Robert Parsons (“Defendants”) filed this appeal from the district court’s denial of their motion to dismiss for lack of subject matter jurisdiction. Because their motion to dismiss was based on tribal sovereign immunity, we permit this interlocutory appeal. Burlington N. & Santa Fe Ry. Co. v. Vaughn, 509 F.3d 1085, 1088 (9th Cir.2007); see also Romero v. Peterson, 930 F.2d 1502, 1505-06 (10th Cir.1991) (holding that the question of whether defendants were federal or tribal actors was within category of cases that warrant immediate interlocutory appeal).

Martha Murgia’s (“Plaintiff’) Bivens action against Defendants arose out of an altercation in a residence on the Gila River Indian Reservation in Arizona, culminating in the shooting death of Arlen Murgia, a tribal member. See Bivens v. Six Unknown Named Agents of the Fed. Bureau of Narcotics, 403 U.S. 388 , 91 S.Ct. 1999 , 29 L.Ed.2d 619 (1971). At the time, Defendants were tribal police officers with the Gila River Indian Community and were responding to a domestic disturbance call at the residence. Defendants moved to dismiss the action pursuant to Fed. R.Civ.P. 12(b)(1), alleging that…