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CONFEDERATED TRIBES & BANDS, YAKAMA INDIAN NATION v. LOCKE

No. 97-35314.

176 F.3d 467 (1999)

CONFEDERATED TRIBES & BANDS OF THE YAKAMA INDIAN NATION, a federally recognized Indian Tribe, Plaintiff-Appellant, v. Gary LOCKE, in his official capacity as Governor of the State of Washington; State of Washington, a state of the United States of America, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 6, 1999.

Attorney(s) appearing for the Case

Jerome L. Levine, Levine & Associates, Los Angeles, California, for the plaintiff-appellant.

Jonathan T. McCoy, Assistant Attorney General, Olympia, Washington, for the defendants-appellees.

Sanford Svetcov, Landels, Ripley and Diamond, San Francisco, California, for amicus curiae GTECH Corp.; Raymond C. Givens, Givens, Funke & Work, Coeur d'Alene, Idaho, for amicus curiae Coeur d'Alene Tribe.

Before: CANBY and TASHIMA, Circuit Judges, and TAKASUGI, District Judge.

CANBY, Circuit Judge:

This appeal attempts to raise the question whether the Indian Gaming Regulatory Act ("IGRA"), 25 U.S.C. §§ 2701-21, provides an avenue by which an Indian tribe may exclude a state lottery from its reservation. We do not reach that question, however, because we conclude that the Eleventh Amendment renders the defendants, the State of Washington and its governor, immune from this suit in federal court without their consent.

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