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Argued March 21, 2001.
Decided June 25, 2001.
Attorney(s) appearing for the Case
C. Wayne Howle, Senior Deputy Attorney General of Nevada, argued the cause for petitioners. With him on the briefs were Frankie Sue Del Papa, Attorney General, Paul G. Taggart, Deputy Attorney General, and Jeffrey S. Sutton.
S. James Anaya argued the cause for respondents and filed a brief for respondent Hicks. Kim Jerome Gottschalk and Melody McCoy filed a brief for respondents Tribal Court in and for the Fallon Paiute-Shoshone Tribes et al.
Barbara McDowell argued the cause for the United States as amicus curiae urging affirmance. With her on the brief were former Solicitor General Waxman, Assistant Attorney General Schiffer, Deputy Solicitor General Kneedler, David C. Shilton, and William B. Lazarus.*
Scalia, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Kennedy, Souter, Thomas, and Ginsburg, JJ., joined. Souter, J., filed a concurring opinion, in which Kennedy and Thomas, JJ., joined, p. 375. Ginsburg, J., filed a concurring opinion, p. 386. O'Connor, J.,filed an opinion concurring in part and concurring in the judgment, in which Stevens and Breyer, JJ., joined, p. 387. Stevens, J., filed an opinion concurring in the judgment, in which Breyer, J., joined, p. 401.
United States Supreme Court.
Justice Scalia, delivered the opinion of the Court.
This case presents the question whether a tribal court may assert jurisdiction over civil claims against state officials who entered tribal land to execute a search warrant against a tribe member suspected of having violated state law outside the reservation.
I
Respondent Hicks1 is one of about 900 members of the Fallon Paiute-Shoshone Tribes of western Nevada. He resides...
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