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.

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

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