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LINNEEN v. GILA RIVER INDIAN COMMUNITY

No. 00-15120.

276 F.3d 489 (2002)

Ross B. LINNEEN, husband; Kim Ann Linneen, wife, Plaintiffs-Appellants, v. GILA RIVER INDIAN COMMUNITY; Mary Thomas, Governor of the Gila River Indian Community; Ralph Andrews, Gila River Tribal Ranger, in his official and individual capacity; United States of America; Interior, Department of; Buddy Shapp, BIA Officer, in his individual and official capacity; Indian Affairs, Bureau of, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 7, 2002.

Attorney(s) appearing for the Case

James P. Mueller, Douglas V. Drury, Mueller & Drury, Scottsdale, Arizona, Tom Rawles, Linda S. Rawles, Phoenix, Arizona, for the plaintiffs-appellants.

Scott H. Gan, Tom R. Clark, Mesch, Clark & Rothschild, Tucson, Arizona, Robert Alan Hershey, Tucson, Arizona, Arthur G. Garcia, AUSA, Phoenix, Arizona, for the defendants-appellees.

Before: POLITZ, W. FLETCHER, and FISHER, Circuit Judges.

WILLIAM A. FLETCHER, Circuit Judge.

Plaintiffs Ross and Kim Linneen filed a complaint in district court seeking monetary damages under 42 U.S.C. § 1983, the United States Constitution, Arizona state law, and the bylaws of the Gila River Indian Community, based on allegations that a Gila ranger unlawfully detained and threatened them during an encounter on Gila land. The district court dismissed the complaint as to the Gila River Indian Community, and as to Mary...

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