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ROSS v. NEFF

No. 88-1404.

905 F.2d 1349 (1990)

Ronnie ROSS, Plaintiff-Appellant, v. Russell NEFF, in his Official Capacity as Sheriff of Adair County, Oklahoma; Billy Jack McLemore, individually and in his Official Capacity; and County of Adair, Oklahoma, a political subdivision of the State of Oklahoma, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied July 19, 1990.

Attorney(s) appearing for the Case

Joseph C. Self of Sexton Law Firm, Fort Smith, Ark., for plaintiff-appellant.

Mark Green of Green and Green, Muskogee, Okl., for defendant-appellee.

Before LOGAN, MOORE, and ANDERSON, Circuit Judges.

LOGAN, Circuit Judge.

Plaintiff Ronnie Ross brought two separate Fourth Amendment based claims against the defendants Deputy Billy Jack McLemore, Sheriff Russell Neff and Adair County, Oklahoma, pursuant to 42 U.S.C. § 1983.1 In one, Ross alleges that defendants violated Ross' rights when McLemore illegally arrested him on Indian Tribal Trust land, because Oklahoma peace officers have no jurisdiction in Indian country. Second, Ross...

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