Ninth Circuit Dismisses Bishop Community Land Claim against City of Los Angeles under Rule 19

Here is the opinion in Paiute-Shoshone Indians of the Bishop Community v. City of Los Angeles.

An excerpt:

Plaintiff Paiute-Shoshone Indians of the Bishop Community of the Bishop Colony, California, an Indian tribe formallyrecognized by the United States, filed this action againstDefendant City of Los Angeles for an order restoring Plaintiffto possession of land that the City took long ago in a deal withthe United States. The district court dismissed the actionunder Federal Rule of Civil Procedure 12(b)(7) because itruled that, under Rule 19 of the Federal Rules of Civil Procedure, the United States was a required party that Plaintiffcould not join. The district court certified the appealability ofits order under 28 U.S.C. § 1292(b). Upon Plaintiff’s timelyrequest, we agreed to hear this interlocutory appeal, and we now affirm.

And the briefs:

Paiute-Shoshone Brief

Los Angeles Brief

Paiute-Shoshone Reply

This entry was posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity and tagged , , , , . Bookmark the permalink.

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