neochart v2 research

cases/42usc1983/f3d-934-1076-chemehuevi-indian-tribe-v-mcmahon.case

Source: cases/42usc1983/f3d-934-1076-chemehuevi-indian-tribe-v-mcmahon.case

Case source: https://www.neochart.com/catalog/cases/f3d/volume_934/1076_01/index.html

Verbatim annotated passages

An Indian tribe "may not sue under § 1983 to vindicate" a "sovereign right," such as its right to be free of state regulation and control.
Nor can the Tribe assert its members' individual rights as parens patriae in a § 1983 action.
We hold that the individual plaintiffs, but not the Tribe, can challenge the citations under § 1983.
The Tribe, however, cannot assert its sovereign rights under that statute.
Section 1983 allows any "person" to sue for the "deprivation of any rights, privileges, or immunities secured by the Constitution and laws."
They have a cause of action under § 1983 against the defendants.
California cannot enforce state law that regulates-but does not prohibit-tribal members' conduct inside a reservation.

Exact source text

casedsl 1.2
# author: Flash1 (gemini-3.8-flash-high)
# triaged-by: Fable (2026-11-10)

case /f3d/934/1076-01
  name    Chemehuevi Indian Tribe v. McMahon
  cite    934 F.3d 1076 (2019)
  court   United States Court of Appeals for the Ninth Circuit
  date    2019-08-19
  url     catalog/cases/f3d/volume_934/1076_01/index.html
  source  ir/caselaw/f3d_934.jsonl sha1=d3c32a2ead3da5ccc08143b49146f418d251ab58 chars=15873

opinion maj : panel by Hurwitz @0..15873 controlling
party tribe : Chemehuevi Indian Tribe (plaintiff)
party members : four enrolled tribal members cited by deputies (Bunim, Sansoucie, Ochoa, Lopez)
count sovereign : Tribe's claim to be free of state regulatory jurisdiction on its reservation
count citations : individual members' claims arising from traffic stops, citations and vehicle impoundments in Indian country
theory communal : a tribe may not use § 1983 to vindicate sovereign or communal rights, nor sue parens patriae for its members
theory individual : tribal members may use § 1983 to vindicate individual rights

law 42usc1983
  role    applied
  posture civil; Indian tribe and four tribal members sued county sheriff and deputies under § 1983 over state regulatory traffic citations issued on the reservation; district court granted summary judgment for defendants (Section 36 not Indian country; no claim cognizable under § 1983); CA9 held Section 36 is Indian country, vacated and remanded as to the individuals, affirmed as to the Tribe
  result  mixed

element person : not-satisfied [law]
  route   plaintiff-as-person
  pattern Indian tribe suing county officers to vindicate its freedom from state regulation on the reservation, and as parens patriae for its members
  party   tribe
  count   sovereign
  theory  communal
  rule @13465..13603 | An Indian tribe "may not sue under § 1983 to vindicate" a "sovereign right," such as its right to be free of state regulation and control.
  rule @13649..13742 | Nor can the Tribe assert its members' individual rights as parens patriae in a § 1983 action.
  held @853..953 | We hold that the individual plaintiffs, but not the Tribe, can challenge the citations under § 1983.
  held @14458..14532 | The Tribe, however, cannot assert its sovereign rights under that statute.
  gloss   An Indian tribe cannot sue under § 1983 to vindicate sovereign or quasi-sovereign rights against state regulatory authority (Inyo County), and cannot proceed parens patriae.

element person : satisfied [law]
  route   plaintiff-as-person
  pattern enrolled tribal members personally stopped, cited and (some) deprived of their vehicles by county deputies on the reservation
  party   members
  count   citations
  theory  individual
  fact @13156..13252 [supports] | Each was stopped and detained by a San Bernardino County Deputy; some had their vehicles seized.
  fact @1544..1610 [supports] | Sindelar impounded Bunim's car, leaving her alone on the roadside.
  rule @12270..12410 | Section 1983 allows any "person" to sue for the "deprivation of any rights, privileges, or immunities secured by the Constitution and laws."
  held @13350..13414 | They have a cause of action under § 1983 against the defendants.
  gloss   Individual tribal members may bring "traditional" § 1983 suits to vindicate individual rights; the court decides only that the claims are cognizable, not that they succeed.

element deprivation : not-reached
  party   members
  count   citations
  rule @11708..11826 | California cannot enforce state law that regulates-but does not prohibit-tribal members' conduct inside a reservation.
  gloss   The panel decides the predicate question that all four citations were issued in Indian country (Section 36 is within the reservation; 18 U.S.C. § 1151(a)) and that the claims are cognizable, then vacates and remands; it does not itself hold that any right secured by the Constitution or laws was violated, and takes no position on defenses including immunity.
  ? other: the Indian-country ruling is this opinion's main merits holding but it construes 18 U.S.C. § 1151, not an element of § 1983; recorded here only as context for the unreached deprivation element