STATE v. HICKS

No. 96-17315.

196 F.3d 1020 (1999)

STATE OF NEVADA; William Molini; Nevada Division of Wildlife; Michael C. Spencer, Rich Ellington, and Bill Fitzmorris, Plaintiffs-Appellants, v. Floyd HICKS; Tribal Court in and for the Paiute-Shoshone Tribes; Honorable Joseph Van Walraven, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Withdrawn from Submission October 10, 1997.

Resubmitted November 4, 1999.

Decided November 9, 1999.

As Amended January 24, 2000.


Attorney(s) appearing for the Case

C. Wayne Howle, Deputy Attorney General, Carson City, Nevada, for the plaintiffs-appellants.

Melody L. McCoy, Native American Rights Fund, Boulder, Colorado, for the defendants-appellees.

Mitchell Wright, Reno, Nevada, for defendant-appellee Floyd Hicks.

Before: GOODWIN, FLETCHER and RYMER, Circuit Judges.


Opinion by Judge FLETCHER; Dissent by Judge RYMER.

FLETCHER, Circuit Judge:

This case concerns the jurisdiction of a tribal court over claims against state officials for tribal common law torts and federal and tribal civil rights violations. The events giving rise to these claims took place on Indian-owned land on a reservation.

The State of Nevada and named state officials appeal the decision of the district court denying them summary judgment and...

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