Terry Tonasket v. Tom Sargent

MEMORANDUM

Appellants Terry Tonasket (Tonasket) and Daniel T. Miller (Miller) appeal the district court’s order dismissing, for lack of subject matter jurisdiction, this action against Appellees Tom Sargent (Sargent), the Colville Business Council (the Council), and The Colville Confederated Tribes of the Colville Indian Reservation (the Col-ville Tribes), concerning the imposition by the Colville Tribes of cigarette taxes ■ on non-Indians. In light of our decision in Miller v. Wright, No 11-35850, 705 F.3d 919 , 2013 WL 174493 (9th Cir. Jan.14, 2013), as amended, a case in which Miller brought the same claims against the Pu-yallup Tribe of Indians, we affirm.

In Miller, we held that: (1) the Puyallup Tribe’s execution of the cigarette tax contract (CTC) did not waive tribal sovereign immunity, id. at *5; (2) tribal sovereign immunity extends to the tribal officials, who were acting in their official capacities and within the scope of their authority when they taxed cigarette sales occurring on tribal land, id. at *7; and (3) the federal antitrust laws do not abrogate tribal sovereign immunity, id. at *6-7.

Here, as in Miller, the district court lacked subject matter…