Opinion by Judge KOZINSKI; Partial Concurrence and Partial Dissent by Judge GRABER; Dissent by Judge BERZON.
KOZINSKI, Circuit Judge:
Can an Indian tribe bring claims against the United States under the Federal Tort Claims Act for violation of a treaty, or against a city and a public utility under a treaty and 42 U.S.C. § 1983?
FACTS
The Skokomish Indian Tribe ("Tribe") and its members brought suit in federal district court against the...
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