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SMITH v. SALISH KOOTENAI COLLEGE

No. 03-35306.

378 F.3d 1048 (2004)

James R. SMITH, Plaintiff-Appellant, v. SALISH KOOTENAI COLLEGE; Court of Appeals of the Confederated Salish and Kootenai Tribes of the Flathead Reservation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 6, 2004.

Attorney(s) appearing for the Case

Rex Palmer, Attorneys Inc., P.C., Missoula, MT; Lon J. Dale, Milodragovich, Dale, Steinbrenner & Binney, P.C., Missoula, MT, for the plaintiff-appellant.

Robert J. Phillips, Fred Simpson, Jr., Phillps & Bohyer, P.C., Missoula, MT, for defendant-appellee Salish Kootenai College.

John T. Harrison, Confederated Salish and Kootenai Tribes, Tribal Legal Department, Pablo, MT, for defendant-appellee Court of Appeals of the Confederated Salish and Kootenai Tribes of the Flathead Reservation.

Before: BRUNETTI, McKEOWN, and GOULD, Circuit Judges.

GOULD, Circuit Judge:

We consider an issue of increasing importance to the federal courts and to non-tribal members who live or work in or around Native American reservations: When does an Indian tribe's civil jurisdiction extend to non-tribal members? We must decide whether the Confederated Salish and Kootenai Tribes of the Flathead Reservation had the adjudicative authority to exercise civil subject-matter jurisdiction over a non-tribal member in a tort dispute...

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