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OLIPHANT v. SCHLIE

No. 74-2154.

544 F.2d 1007 (1976)

Mark David OLIPHANT, Plaintiff-Appellant, v. Edward SCHLIE, Chief of Police of the City of Bremerton, et al., Defendant-Appellees.

United States Court of Appeals, Ninth Circuit.

August 24, 1976.

Attorney(s) appearing for the Case

Philip P. Malone (argued), Poulsbo, Wash., for plaintiff-appellant.

Barry Ernstoff (argued), Seattle, Wash., for defendant-appellees (Suquamish Tribe).

Before DUNIWAY and KENNEDY, Circuit Judges, and BURNS, District Judge.

DUNIWAY, Circuit Judge:

This case involves a question of Indian law which has been unresolved since it first arose almost a century ago: what is the jurisdiction of an Indian tribe over non-Indians who commit crimes while on Indian tribal land within the boundaries of the reservation? See Ex parte Kenyon, C.C.W.D.Ark., 1878, Fed.Cas.No.7720, 14 Fed.Cas. 353. Oliphant was arrested on the Port Madison Indian Reservation in the state of Washington by Suquamish...

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