Chemehuevi Indian Tribe v. McMahon

934 F.3d 1076 (2019) United States Court of Appeals for the Ninth Circuit 2019-08-19

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)

Facts

  1. 1 Suable "person" (natural person in individual capacity, official in official capacity for prospective relief, or municipality; excludes States) not law
    We hold that the individual plaintiffs, but not the Tribe, can challenge the citations under § 1983.
  2. 1 Suable "person" (natural person in individual capacity, official in official capacity for prospective relief, or municipality; excludes States) satisfied law
    Sindelar impounded Bunim's car, leaving her alone on the roadside.
  3. 1 Suable "person" (natural person in individual capacity, official in official capacity for prospective relief, or municipality; excludes States) satisfied law
    Section 1983 allows any "person" to sue for the "deprivation of any rights, privileges, or immunities secured by the Constitution and laws."
  4. 1 Suable "person" (natural person in individual capacity, official in official capacity for prospective relief, or municipality; excludes States) satisfied law
    Each was stopped and detained by a San Bernardino County Deputy; some had their vehicles seized.
  5. 1 Suable "person" (natural person in individual capacity, official in official capacity for prospective relief, or municipality; excludes States) satisfied law
    They have a cause of action under § 1983 against the defendants.
  6. 1 Suable "person" (natural person in individual capacity, official in official capacity for prospective relief, or municipality; excludes States) not law
    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.
  7. 1 Suable "person" (natural person in individual capacity, official in official capacity for prospective relief, or municipality; excludes States) not law
    Nor can the Tribe assert its members' individual rights as parens patriae in a § 1983 action.
  8. 1 Suable "person" (natural person in individual capacity, official in official capacity for prospective relief, or municipality; excludes States) not law
    The Tribe, however, cannot assert its sovereign rights under that statute.