Federal Court Allows Bishop Paiute Suit against Inyo County re: Tribal Law Enforcement Authority to Proceed

Here are the materials in Bishop Paiute Tribe v. Inyo County (E.D. Cal.):

45-1 inyo county mtd

46-1 sheriff mtd

49 opposition

47-1 inyo da mtd

61 dct order

Ninth Circuit Allows Bishop Paiute Law Enforcement Case to Proceed

Here is the opinion in Bishop Paiute Tribe v. Inyo County.

An excerpt:

The Bishop Paiute Tribe (the “Tribe”) seeks a declaration that they have the right to “investigate violations of tribal, state, and federal law, detain, and transport or deliver a non-Indian violator [encountered on the reservation] to the proper authorities.” Before reaching this issue, the district court dismissed the case on jurisdictional grounds, concluding that the case presents no actual case or controversy. On appeal, we are also asked to assess whether the district court had subject matter jurisdiction over this case. Because questions of federal common law can serve as the basis of federal subject matter jurisdiction pursuant to 28 U.S.C. § 1331, and because this case presents a definite and concrete dispute that is ripe and not moot, we reverse and remand for further proceedings.

Briefs and lower court materials here.

Federal Court Dismisses Bishop Paiute Challenge to Inyo County Sheriff’s Threat to Prosecute Tribal Cops for Lack of Case and Controversy

Here are the materials in Bishop Paiute Tribe v. Inyo County (E.D. Cal.):

14 Inyo County Motion to Dismiss

15-1 Inyo County Motion to Dismiss

16-1 Inyo County Motion to Dismiss

21 Tribal Opposition

25 Inyo County Reply

26 Inyo County Reply

27 Inyo County Reply

33 Tribal Opposition

35 DCT Order

We posted the complaint here.

Bishop Paiute Tribes Sues Inyo County for Prosecuting Tribal Police Officer

Here is the complaint in Bishop Paiute Tribe v. Inyo County (E.D. Cal.):

1 Complaint

An excerpt:

This action is for declaratory and injunctive relief by the Bishop Paiute Tribe (“Tribe”), a federally recognized Indian Tribe, against Inyo County, the Inyo County’s Sheriff and District Attorney, for the arrest and prosecution of a Bishop tribal law enforcement officer for performing his duties on the Tribe’s Reservation. The Tribe seeks an order declaring that Defendants are interfering with the Tribe’s inherent sovereign authority to take action, defined by federal law, against non-Indians perpetrators on tribal lands. Federal law establishes that tribes have inherent authority over non-Indians on tribal lands to stop, restrain, detain, investigate violations of tribal, state and federal laws, and deliver or transport the non-Indian to the proper authorities. Duro v. Reina, 495 U.S. 676 (1990), Ortiz-Barraza v. United States, 512 F. 2d 1176 (9 th Cir. 1975). Defendants have arrested, and criminally charged, Daniel Johnson, a duly authorized Bishop tribal law enforcement officer, while he was executing federal prescribed police duties against a non-Indian, on the Tribe’s Federal Reservation. 

News coverage here.