State of Nevada, et. al. v. Hicks |
The Court of Appeals for the Ninth Circuit issued a decision on November 9, 1999 in favor of the Fallon Paiute-Shoshone Tribe in a case challenging tribal court jurisdiction over civil actions arising on a reservation and brought by tribal members against state officials in their individual capacities. In this case, two officers of the Nevada Division of Wildlife, on two separate occasions, searched the residence and confiscated possessions of a member of the Fallon Paiute-Shoshone Tribe.
The tribal member resides on the reservation. On both occasions, the Division of Wildlife determined that the tribal member committed no crime. His possessions were returned, but in damaged condition. As a result, the tribal member sued the officers in tribal court for violation of his rights. The two officers contested the Tribe's jurisdiction over the case. This decision by the Ninth Circuit opinion upholds prior decisions by the Tribal Appellate Court and the Nevada Federal District Court ruling that the tribal court does indeed have jurisdiction.