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JOHNSON v. GILA RIVER INDIAN COMMUNITY

No. 97-17213.

174 F.3d 1032 (1999)

Bruce JOHNSON, Plaintiff-Appellant, v. GILA RIVER INDIAN COMMUNITY; Lone Butte Industrial Development Corporation, a corporation chartered by the Gila River Indian Community, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 22, 1999.

Attorney(s) appearing for the Case

Richard J. Sundberg, Bloomington, Minnesota, for the plaintiff-appellant.

Douglas A. Jorden, and Ellen M. Van Riper, Phoenix, Arizona, for defendant-appellee Lone Butte Industrial Development Corporation.

Rodney B. Lewis, Sacaton, Arizona, for defendant-appellee Gila River Indian Community.

Before: BROWNING, WOOD, JR., and THOMAS, Circuit Judges.

THOMAS, Circuit Judge:

This appeal involves the question of whether a litigant must exhaust his appellate remedies in tribal court when the tribal appellate court has not responded to initial appellate pleadings for an extended period of time. Because the record creates sufficient doubt as to whether the futility exception to the exhaustion doctrine applies, we reverse the district court's grant of summary judgment and remand for further proceedings.

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