Section 1983 Claim against Off-Reservation Police Officer Engaged in On-Reservation Duty Survives

Because the officer had no jurisdiction in Indian Country: Jones v Norton (D. Utah).

An excerpt:

The Plaintiffs have filed this lawsuit against various Defendants in connection with the shooting death of Todd R. Mr. Murray which occurred while he was being pursued by police on the Uintah-Ouray Indian Reservation. Defendants Vance Norton and Vernal City move to dismiss the claims against them.

The court holds that Detective Norton did not have jurisdiction to seize Mr. Murray. Because there are disputed issues of fact concerning whether Mr. Murray was seized and whether exigent circumstances justified the seizure if it occurred, the court DENIES Defendants’ motion to dismiss the § 1983 claims. But the court holds that the Utah Governmental Immunity Act applies to state law enforcement on Indian reservations and accordingly GRANTS Defendants’ motion to dismiss the state law claims.

Sexual Orientation Discrimination Complaint against Quechan Tribal Housing Dismissed

Here are the materials in Soto v. Quechan Tribally Designated Housing Authority (D. Ariz.):

Soto DCT Order

Quechan Motion to Dismiss

Soto Response

Federal Court Dismisses Federal Prisoner’s Complaint against Tribal Police

Mostly.

Here is the slip opinion in Johnson v. Pottawatomie Tribal Police Dept. (D. Kan.): Johnson v Pottawatomi Tribal Police

Section 1983 Claim Against Tribe Fails

Here is the opinion from the Eastern District of California (via a magistrate judge): Clark v Rolling Hills Casino.

Section 1983 Claim against Tribal Police Dismissed

Here are the materials in Ouart v. Fleming (W.D. Okla.):

Defendant’s Motion for Summary Judgment

Co-Defendants’ Motion to Dismiss

Plaintiff’s Response

DCT Order Granting Motion

Federal Civil Rights Complaint against Puyallup Tribal Police Dismissed

Here are the materials in Boyd v. Puyallup Tribal Police (W.D. Wash.):

DCT Order to Show Cause

Boyd Magistrate Report

Boyd DCT Order Adopting Magistrate Report

Federal Court Dismisses Medical Claims against Northern Cheyenne Officials

Here is the opinion in Wallace v. N. Cheyenne Corrections Officers (D. Mont.) — Wallace v Northern Cheyenne Corrections Officers

An excerpt:

Frequently, prisoners bring denial of medical care claims in federal court pursuant to 42 U.S.c. § 1983. But Wallace cannot establish that the tribal entities and officers acted “under color of state law,” as is required to state a claim under § 1983. “[N]o action under 42 U.S.C. § 1983 can be maintained in federal court for persons alleging deprivation of constitutional rights under color of tribal law.” RJ Williams Co. v. Fort Belknap Hous. Auth., 719 F.2d 979, 982 (9th Cir. 1983).

Boyd v. Emerald Queen Casino — No Section 1983 Claim in Tribal Trespass Case

Here is the opinion; actually, an order to show cause — Boyd v. Emerald Queen Casino.

An excerpt:

Mr. Boyd purports to sue the Emerald Queen Casino, a security guard at the Emerald Queen Casino, and tribal officers of the Puyallup Indian Tribe for false imprisonment after a charge of criminal trespass was brought against him in Tacoma Municipal Court. Dkt. 5, p. 3. Mr. Boyd alleges that a “Puyallup Tribal officer along with employees of the Emerald Queen had worked together … to charge [him] with a crime of criminal trespassing in the first degree in Tacoma Municipal Court (Case # B00229679) which was Dismissed with Prejudice.” Id. Mr. Boyd further alleges that this has “created false imprisonment,” that he has lost his reputation, “which has become cruel and unusual punishment under the 8th Amendment, and that he has been discriminated against. Id

Federal Court Denies Injunction in Muscogee Cigarette Seizure Case

Thanks to Mike for this. Here’s a news article on this case.

A federal court dismissed a request for an injunction against the Oklahoma Tax Commission for seizing tobacco products owned by the Muscogee (Creek) Nation. State law enforcement had seized the smokes on some pretty spurious grounds, pulling the trucks over for “weaving” and “following too close” (not texting!?!). The court rejected most of the Commission’s defenses, including standing and sovereign immunity, but dismissed the claim on the basis that Indian tribes are not “persons” that can sue under Section 1983, per Inyo County.

Sounds to us like a Section 1983 legislative “fix” is in order, too, like all the other problems created by the Supreme Court in the last decade.

Muscogee Injunction DCT Order

More later.

Ninth Circuit Reverses Dismissal of Civil Rights Claims against Tribal Officers

Here is the opinion in Bressi v. Ford, authored by Judge Canby, which is a sort of companion case to Murgia v. Reed. The court did affirm the dismissal of a Bivens-type action against the officers. Here are the lower court materials in Bressi.

An excerpt detailing what tribal officers may do during a traffic stop of non-Indians:

We conclude that a roadblock on a public right-of-way within tribal territory, established on tribal authority, is permissible only to the extent that the suspicionless stop of non-Indians is limited to the amount of time, and the nature of inquiry, that can establish whether or not they are Indians. When obvious violations, such as alcohol impairment, are found, detention on tribal authority for delivery to state officers is authorized. But inquiry going beyond Indian or non-Indian status, or including searches for evidence of crime, are not authorized on purely tribal authority in the case of non-Indians.

And an excerpt recognizing the implications of the decision:

We recognize that one result of our ruling is that tribal officers who are authorized to enforce state as well as tribal law, and proceed to exercise both powers in the operation of a roadblock, will be held to constitutional standards in establishing roadblocks. That result is consistent with our prior decision inEvans v. McKay, 869 F.2d 1341, 1348(9th Cir.1989), which held that officers acting pursuant to both tribal and city authority in making arrests were subject to a § 1983 claim. This result also appears to us to be an inevitable consequence of the accommodation of tribal authority over rights-of-way within Indian country and the rights of non-Indians to travel those rights-of-way. If a tribe wishes to avoid such constitutional restraints, its officers operating roadblocks will have to confine themselves, upon stopping non-Indians, to questioning to determine non-Indian status and to detention only for obvious violations of state law.