Ninth Circuit Affirms Qualified Immunity for BIA Officers Who Arrested Non-Indian Pursuant to Tribal Court Bench Warrant

Here is the unpublished memorandum in Roberts v. Elliott (In re Roberts Litigation).

An excerpt:

The Supreme Court has not addressed the interaction between Oliphant’s rejection of inherent criminal jurisdiction over non-Indians and a non-Indian’s ability to waive the question of personal jurisdiction before the tribal court in criminal matters. The extent to which a non-Indian may consent to tribal jurisdiction is not settled law. Smith v. Salish Kootenai Coll., 434 F.3d 1127, 1136–40 (9th Cir. 2006) (en banc) (discussing non-tribal member consent to jurisdiction in civil suits).

Briefs:

Appellant Brief

Appellee Brief

Reply Brief

 

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