Supreme Court of the United States
Strate, Associate Tribal Judge, Tribal Court of the Three Affiliated Tribes of the Fort Berthold Indian Reservation…
April 28, 1997520 U.S. 438
Summary
The Court affirmed that tribal courts lack civil jurisdiction over personal injury actions against non‑tribal members arising from accidents on a state highway right‑of‑way that runs through reservation land, because Montana v. United States controls and the two Montana exceptions do not apply. The decision relied on the Montana rule and rejected the exhaustion doctrine as merely prudential.
Holding
- Whether a tribal court has subject‑matter jurisdiction over a civil tort action against non‑members arising from an accident on a public highway that is a state‑maintained right‑of‑way over reservation land.. No. Tribal courts may not entertain such claims absent a specific statutory or treaty grant of authority; Montana v. United States controls and its exceptions do not apply.
Docket 95-1872
Cited authorities
- 25 U.S.C. §§ 323-328
- 28 U.S.C. § 1332
- 62 Stat. 17
- 25 U.S.C. §§ 323-328
- 25 U.S.C. § 1301
- 18 U.S.C. § 1151
- 25 U.S.C. § 325
- 28 U.S.C. § 1441