Inyo County, California v. Paiute-Shoshone Indians of the Bishop Community of the Bishop — Stevens, J…

Summary

Justice Stevens, concurring in the judgment, affirms that a Native American tribe is a “person” who may sue under 42 U.S.C. §1983, but finds the tribe’s complaint fails to state a claim because it rests on sovereign immunity rather than a deprivation of constitutional rights. Accordingly, he agrees that the judgment should be set aside but does not join the majority opinion.