Chemehuevi Indian Tribe v. McMahon — 934 F.3d 1076 (2019) · United States Court of Appeals for the Ninth Circuit · 2019

United States Court of Appeals for the Ninth Circuit · 2019-08-19

42usc1983: author: Flash1 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md)

Original case on neochart.com

Case and law context

42 U.S.C. § 1983

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; claim:

Uncertainty

Element deprivation: 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

Misfit

None recorded

B · Case × element grid

Top-level elements follow claim order in panels of up to six elements. Case rows repeat across panels. Every recorded block retains its holding and basis; multiple blocks are not merged into a case-level verdict. ✓ satisfied · ✗ not satisfied · ○ not reached · · not addressed. Muted blocks are not counted. Sub-element evidence remains on case and element pages.

Elements 1–6 of 20

42 U.S.C. § 1983
CaseSuable "person" (natural person in individual capacity, official in official capacity for prospective relief, or municipality; excludes States)Action taken "under color of" state, territorial, or D.C. lawDeprivation of a right, privilege, or immunity secured by the Constitution and lawsPersonal involvement / causal connection ("subjects, or causes to be subjected")Damages remedy (legacy CASE id; not a prerequisite for prospective relief)Qualified immunity for government officials sued in individual capacity (Harlow v. Fitzgerald; Pearson v. Callahan)
Chemehuevi Indian Tribe v. McMahon — 934 F.3d 1076 (2019) · United States Court of Appeals for the Ninth Circuit · 2019 (42usc1983: author: Flash1 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md))· not addressed
○ not reached · basis not recordedNot counted: applied/merits
· not addressed· not addressed· not addressed

Elements 7–12 of 20

42 U.S.C. § 1983
CaseCommon-law absolute immunity (judicial, prosecutorial, legislative, witness functions)Eleventh Amendment state sovereign immunity bar (official-capacity damages / retrospective relief)Preiser / Heck v. Humphrey favorable-termination and habeas-exclusivity barBorrowed state personal-injury statute of limitations (42 U.S.C. § 1988; Wilson v. Garcia; Owens v. Okure)Issue preclusion / collateral estoppel from prior state criminal or civil judgment (Allen v. McCurry)Judicial standing prerequisite, separate from damages remedy
Chemehuevi Indian Tribe v. McMahon — 934 F.3d 1076 (2019) · United States Court of Appeals for the Ninth Circuit · 2019 (42usc1983: author: Flash1 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md))· not addressed· not addressed· not addressed· not addressed· not addressed· not addressed

Elements 13–18 of 20

42 U.S.C. § 1983
CaseStatutory bar on injunctive relief against a judicial officer acting in a judicial capacity (1996 amendment)Municipal policy or custom as moving force (Monell v. Department of Social Services)District of Columbia exclusive Act of Congress inclusion clause (1979 amendment)Rejected extra element: separate proof of "abuse of governmental power" (Collins v. City of Harker Heights)Federal action / Fifth Amendment claim (outside § 1983 state-law scope)Collateral-order appellate jurisdiction over interlocutory qualified-immunity denials (Mitchell v. Forsyth; Johnson v. Jones)
Chemehuevi Indian Tribe v. McMahon — 934 F.3d 1076 (2019) · United States Court of Appeals for the Ninth Circuit · 2019 (42usc1983: author: Flash1 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md))· not addressed· not addressed· not addressed· not addressed· not addressed· not addressed

Elements 19–20 of 20

42 U.S.C. § 1983
CaseAppellate preservation / forfeiture of issue not raised in district courtSection 1983 malicious prosecution claim (Fourth Amendment / procedural due process)
Chemehuevi Indian Tribe v. McMahon — 934 F.3d 1076 (2019) · United States Court of Appeals for the Ninth Circuit · 2019 (42usc1983: author: Flash1 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md))· not addressed· not addressed

Instances and excluded annotation blocks

Annotation blocks, including explicitly excluded context
CaseElementHolding and scopePatternExact source quotations
Chemehuevi Indian Tribe v. McMahon — 934 F.3d 1076 (2019) · United States Court of Appeals for the Ninth Circuit · 2019 — not reached (42usc1983: author: Flash1 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md))Deprivation of a right, privilege, or immunity secured by the Constitution and lawsnot_reached
Excluded from merits counts
applied / merits

party: four enrolled tribal members cited by deputies (Bunim, Sansoucie, Ochoa, Lopez); count: individual members' claims arising from traffic stops, citations and vehicle impoundments in Indian country; subject: party=four enrolled tribal members cited by deputies (Bunim, Sansoucie, Ochoa, Lopez); count=individual members' claims arising from traffic stops, citations and vehicle impoundments in Indian country

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.
Unspecified route
California cannot enforce state law that regulates-but does not prohibit-tribal members' conduct inside a reservation.
Source: docroot/ir/caselaw/f3d_934.jsonl#/f3d/934/1076-01; Unicode character offsets [11708:11826] (end exclusive); SHA-256 1a92b573cb7b7718761366c75498701e624dc65384760a7512cf1375ad1434ab.

Evidence kind: rule; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Chemehuevi Indian Tribe v. McMahon — 934 F.3d 1076 (2019) · United States Court of Appeals for the Ninth Circuit · 2019 — satisfied · law (42usc1983: author: Flash1 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md))Suable "person" (natural person in individual capacity, official in official capacity for prospective relief, or municipality; excludes States)satisfied
Counted merits instance
applied / merits

basis: law; party: four enrolled tribal members cited by deputies (Bunim, Sansoucie, Ochoa, Lopez); count: individual members' claims arising from traffic stops, citations and vehicle impoundments in Indian country; theory: tribal members may use § 1983 to vindicate individual rights; subject: party=four enrolled tribal members cited by deputies (Bunim, Sansoucie, Ochoa, Lopez); count=individual members' claims arising from traffic stops, citations and vehicle impoundments in Indian country; theory=tribal members may use § 1983 to vindicate individual rights

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.
enrolled tribal members personally stopped, cited and (some) deprived of their vehicles by county deputies on the reservation
Each was stopped and detained by a San Bernardino County Deputy; some had their vehicles seized.
Source: docroot/ir/caselaw/f3d_934.jsonl#/f3d/934/1076-01; Unicode character offsets [13156:13252] (end exclusive); SHA-256 1a92b573cb7b7718761366c75498701e624dc65384760a7512cf1375ad1434ab.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Sindelar impounded Bunim's car, leaving her alone on the roadside.
Source: docroot/ir/caselaw/f3d_934.jsonl#/f3d/934/1076-01; Unicode character offsets [1544:1610] (end exclusive); SHA-256 1a92b573cb7b7718761366c75498701e624dc65384760a7512cf1375ad1434ab.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Section 1983 allows any "person" to sue for the "deprivation of any rights, privileges, or immunities secured by the Constitution and laws."
Source: docroot/ir/caselaw/f3d_934.jsonl#/f3d/934/1076-01; Unicode character offsets [12270:12410] (end exclusive); SHA-256 1a92b573cb7b7718761366c75498701e624dc65384760a7512cf1375ad1434ab.

Evidence kind: rule; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

They have a cause of action under § 1983 against the defendants.
Source: docroot/ir/caselaw/f3d_934.jsonl#/f3d/934/1076-01; Unicode character offsets [13350:13414] (end exclusive); SHA-256 1a92b573cb7b7718761366c75498701e624dc65384760a7512cf1375ad1434ab.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Chemehuevi Indian Tribe v. McMahon — 934 F.3d 1076 (2019) · United States Court of Appeals for the Ninth Circuit · 2019 — not · law (42usc1983: author: Flash1 · QA: FIX (Fable, neov2/cases/TRIAGE-Flash.md))Suable "person" (natural person in individual capacity, official in official capacity for prospective relief, or municipality; excludes States)not
Counted merits instance
applied / merits

basis: law; party: Chemehuevi Indian Tribe (plaintiff); count: Tribe's claim to be free of state regulatory jurisdiction on its reservation; theory: a tribe may not use § 1983 to vindicate sovereign or communal rights, nor sue parens patriae for its members; subject: party=Chemehuevi Indian Tribe (plaintiff); count=Tribe's claim to be free of state regulatory jurisdiction on its reservation; theory=a tribe may not use § 1983 to vindicate sovereign or communal rights, nor sue parens patriae for its members

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.
Indian tribe suing county officers to vindicate its freedom from state regulation on the reservation, and as parens patriae for its members
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.
Source: docroot/ir/caselaw/f3d_934.jsonl#/f3d/934/1076-01; Unicode character offsets [13465:13603] (end exclusive); SHA-256 1a92b573cb7b7718761366c75498701e624dc65384760a7512cf1375ad1434ab.

Evidence kind: rule; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Nor can the Tribe assert its members' individual rights as parens patriae in a § 1983 action.
Source: docroot/ir/caselaw/f3d_934.jsonl#/f3d/934/1076-01; Unicode character offsets [13649:13742] (end exclusive); SHA-256 1a92b573cb7b7718761366c75498701e624dc65384760a7512cf1375ad1434ab.

Evidence kind: rule; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

We hold that the individual plaintiffs, but not the Tribe, can challenge the citations under § 1983.
Source: docroot/ir/caselaw/f3d_934.jsonl#/f3d/934/1076-01; Unicode character offsets [853:953] (end exclusive); SHA-256 1a92b573cb7b7718761366c75498701e624dc65384760a7512cf1375ad1434ab.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

The Tribe, however, cannot assert its sovereign rights under that statute.
Source: docroot/ir/caselaw/f3d_934.jsonl#/f3d/934/1076-01; Unicode character offsets [14458:14532] (end exclusive); SHA-256 1a92b573cb7b7718761366c75498701e624dc65384760a7512cf1375ad1434ab.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Court interpretations recorded from this case