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OCTOBER 11, 2000

The US Supreme Court on Tuesday agreed to hear a challenge to the authority of tribal courts over state officials.

In this instance, the state of Nevada believes the Fallon Paiute-Shoshone Tribal Court doesn't have jurisdiction over four of its officials. The state is challenging a ruling by the Ninth Circuit Court of Appeals which affirmed the right of Floyd Hicks, a tribal member, to sue the four in tribal court.

The case stems from Hicks' suspected violations of Nevada's hunting laws against the possession or killing of California bighorn sheep. On two separate incidents, Nevada game officials, with the approval of the tribe's court, carried out search warrants on Hicks' property, excluding his home.

But on both occasions, no evidence was found to prove Hicks broke state law.

In 1990, state officials seized a sheep trophy from within Hicks' home. However, it was determined to be a Rocky Mountain sheep and the state returned it to him.

On the second occasion a year later in 1991, at least one trophy was seized. The property was again returned to Hicks.

In response, Hicks filed a lawsuit against the officials in tribal court. He sued them as individuals for violations of the Indian Civil Rights Act (ICRA) of 1968 and tribal law.

The officials then asked the US District Court in Nevada to rule the tribal court had no jurisdiction on the matter. But the court disagreed, because the two incidents in question occurred on Indian-owned land, on which the state has no jurisdiction.

Additionally, the state wanted the court to rule that the state officials can't be sued based on state sovereign immunity or qualified immunity. But the court also disagreed, saying only the tribal court has the right to determine this issue.

The Ninth Circuit Court of Appeals subsequently affirmed the district court's decision.

The Supreme Court will hear the appeal during their current session. No date for the hearing has yet been set.

Get the Ninth Circuit Decision:
Nevada v. Hicks (9th Circuit. No. 96-17315. Nov 1999, Amended Jan 2000)

Relevant Links:
The Supreme Court - www.supremecourtus.gov
Nevada Divison of Wildlife - www.state.nv.us/cnr/nvwildlife