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STATE OF MONT. v. GILHAM

No. 96-35766.

133 F.3d 1133 (1998)

STATE OF MONTANA, Plaintiff-Appellee, v. Toni A. GILHAM, individually and as Personal Representative of the Estate of Christine Marie Gilham, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Opinion Decided October 22, 1997.

Amended Opinion Decided January 13, 1998.

Attorney(s) appearing for the Case

Turner C. Graybill, Graybill, Ostrem & Crotty, Great Falls, Montana, for defendant-appellant.

Maxon R. Davis, Paul R. Haffeman, Davis, Hatley, Haffeman & Tighe, Great Falls, Montana, Clay R. Smith, Solicitor, Harley R. Harris, Asst. Atty. Gen., Office of the Atty. Gen., Helena, Montana, for plaintiff-appellee.

Jeanne S. Whiteing, Whiteing & Smith, Boulder, Colorado, for amicus curiae, Blackfeet Tribe.

Before: REINHARDT and THOMAS, Circuit Judges, and SEDWICK, District Judge.

THOMAS, Circuit Judge:

This case raises the question of whether the State of Montana may be subject to an unconsented tort action filed by an individual plaintiff in Blackfeet Tribal Court. We hold that Montana's sovereign immunity bars such an action.

I

Our consideration of these questions of dominion and authority has its genesis in a personal tragedy. On January 14, 1986, Christine Gilham was fatally injured when the car in which she was a passenger...

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