Bishop Paiute Tribe v. Inyo County
9th Cir.; 15-16604 The court of appeals reversed a district court judgment and remanded. The court held that a tribal complaint challenging the arrest…
July 19, 2017 at 06:12 PM
6 minute read
9th Cir.;
15-16604
The court of appeals reversed a district court judgment and remanded. The court held that a tribal complaint challenging the arrest of a tribal police officer and a county sheriff's order directing the tribal police to cease and desist from enforcing non-tribal laws, and threatening further prosecutions of tribal officers, presented a ripe and judiciable controversy implicating federal law.
On December 24, 2014, Bishop Paiute tribal police officer Daniel Johnson received an on-reservation call from a tribal member reporting that the tribal member's non-Indian ex-wife was violating the tribal member's tribal and state protective orders by being at his home and causing a disturbance. When Johnson arrived on the scene, the suspect became violent, and Johnson used his Taser to subdue her. The Inyo County district attorney later filed a felony complaint against Johnson, charging him with assault with a stun gun, false imprisonment, impersonating a public officer, and battery. The county sheriff sent a “Cease and Desist Order” to the tribe ordering the tribal police department to “cease and desist all law enforcement of California statutes.” The tribe filed suit against Inyo County, the sheriff, and the district attorney, seeking a declaration that they have the right to investigate violations of tribal, state, and federal law, and to detain and transport or deliver a non-Indian violator encountered on the reservation to the proper authorities.
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