Ninth Circuit Denies Rehearing/En Banc Review of Maxwell v. County of San Diego — Tribal Officials Not Immune under Section 1983

Here is the order:

Maxwell v. County of San Diego (9th 2013)

An excerpt:

The panel has voted to deny the petition for rehearing in case number 10-56671; Judges Clifton and Ikuta vote to deny the petition for rehearing en banc, and Judge Farris so recommends. Judges Farris and Clifton vote to deny the petition for rehearing in case number 10-56706; Judge Clifton votes to deny the petition for rehearing en banc, and Judge Farris so recommends. Judge Ikuta votes to grant the petition for rehearing and the petition for rehearing en banc. The full court has been advised of the petitions for rehearing en banc and no judge has requested a vote on whether to rehear the matters en banc. Fed. R. App. P. 35. The petitions for panel rehearing and the petitions for  rehearing en banc are DENIED.

Earlier materials are here: panel opinion materials and en banc petition.

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

One Response to Ninth Circuit Denies Rehearing/En Banc Review of Maxwell v. County of San Diego — Tribal Officials Not Immune under Section 1983

  1. Interested Attorney says:

    The claims against the tribal employees were not Section 1983 claims, but rather purely state law tort claims. So there is no federal basis for jurisdiction over the tribal employees asserted at all, which is all the more concerning. Even under this precedent, tribal officials/employees would not lack immunity in all circumstances. But this is definitely a disappointing result and will certainly make things more challenging.

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