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EVANS v. McKAY

No. 87-3761.

869 F.2d 1341 (1989)

Carl EVANS; Marilyn Evans, Plaintiffs-Appellants, v. Joe McKAY, individually and as Blackfeet Tribal Member; Glenn Little Bird; Greg Gilham; Carl Pepion, individually and as Bureau of Indian Affairs Police Officers, and as City of Browning Police Officers; City of Browning, Montana, a municipal corporation; Michael Fairbanks, individually and as Superintendent of Blackfeet agency; Dan Harwood, individually and as Administrative Officer of Blackfeet Agency; Philip Roy, individually and as Blackfeet Tribal Attorney; Richard Evans, a Blackfeet tribal member; Les Cobell, individually and as Blackfeet Game Warden; Leonard Mountain Chief, individually and as Blackfeet Tribal Council Member, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 16, 1989.

Attorney(s) appearing for the Case

Vance Gillette, Garrison, N.D., for plaintiffs-appellants.

Edward J. Shawaker, Washington, D.C., for federal defendants-appellees.

Ross W. Cannon, Helena, Mont., for city defendants-appellees.

Philip E. Roy, Browning, Mont., for tribal defendants-appellees.

Before FLETCHER and HALL, Circuit Judges, and CARROLL, District Judge.

CYNTHIA HOLCOMB HALL, Circuit Judge:

The plaintiffs-appellants, Marilyn Evans and her son, Carl Evans, are non-Indians residing in Browning, Montana, a city located within the boundaries of the Blackfeet Indian Reservation. The Evanses brought civil rights actions emanating from alleged deprivations by the named defendants of rights secured by the Constitution and laws of the United States. An original complaint and three amended complaints were filed. Relief was...

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