Supreme Court of the United States
Inyo County, California v. Paiute-Shoshone Indians of the Bishop Community of the Bishop Colony
May 19, 2003538 U.S. 701
Summary
The Court held that Indian tribes are not 'persons' under § 1983 qualified to sue to vindicate sovereign immunity from state criminal processes. It vacated the Ninth Circuit's judgment and remanded to consider whether federal common law provides jurisdiction for declaratory or injunctive relief. Justice Stevens concurred in the judgment, arguing tribes qualify as persons under § 1983 but this specific claim rested on common law immunity rather than a federal right.
Holding
- Can a tribe sue under 42 U.S.C. § 1983 to vindicate sovereign immunity from state criminal processes?. No, the Tribe may not sue under § 1983 to vindicate the sovereign right it here claims.
Docket 02-281
Cited authorities
- 28 U.S.C. § 1337
- 28 U.S.C. § 1343(i)(3)(4)
- 28 U.S.C. § 1337
- 28 U.S.C. § 1343(i)(3)(4)
- 28 U.S.C. §§ 1331
- 42 U.S.C. § 1983
- 42 U.S.C. § 1983
- 102 Stat. 2467
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