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MONDAY, JANUARY 21, 2002

The Nebraska Supreme Court on Friday ruled that the state was wrong to revoke the license of a non-Indian man who was pursued off the Iowa Reservation by a tribal officer.

Reversing a county judge's decision, the court said tribal officer Jeremy Goldsberry in October 1999 exceeded his authority by arresting Richard A. Young. Young had been seen near broken mailboxes on the reservation and led Officer Goldsberry on a chase onto county land.

At the end of the pursuit, which included Goldsberry, a county police sheriff's deputy and another tribal officer, Young was subjected to a blood alcohol test. Young was then arrested for drunken driving and for reckless driving by the tribe, not the county.

The court said federal law and Supreme Court decisions limiting tribal authority over non-Indians prohibited such an arrest. The court also said the Nebraska Department of Motor Vehicle was wrong to revoke Young's license based on the invalid arrest.

Get the Decision:
Young v. Neth, S-00-550, 263 Neb. 20 (January 18, 2002)

Get the Story:
Court rules in favor of non-Native driver (The Lincoln Journal Star 1/19)