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