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SMITH v. SALISH KOOTENAI COLLEGE

No. 03-35306.

434 F.3d 1127 (2006)

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 January 10, 2006.

Attorney(s) appearing for the Case

Rex Palmer, Attorneys Inc., P.C., Missoula, MT, for the plaintiff-appellant.

Robert J. Phillips, Phillips & Bohyer, P.C., Missoula, MT, for defendant-appellee Salish Kootenai College; John T. Harrison, Legal Department, Confederated Salish and Kootenai Tribes of the Flathead Indian Reservation, Pablo, MT, for defendant-appellee Court of Appeals of the Confederated Salish and Kootenai Tribes of the Flathead Reservation.

Mary L. Smith, Washington, D.C., for amicus curiae National Congress of American Indians.

Before SCHROEDER, Chief Judge, RYMER, HAWKINS, SILVERMAN, GRABER, GOULD, PAEZ, BERZON, CLIFTON, BYBEE, and CALLAHAN, Circuit Judges.

Argued and Submitted En Banc June 23, 2005.

BYBEE, Circuit Judge.

The question presented in this case is whether a non-Indian plaintiff consents to the civil jurisdiction of a tribal court by filing claims against an Indian defendant arising out of activities within the reservation where the defendant is located. Appellant James Smith, who is not a member of the Confederated Salish and Kootenai Tribes ("the Tribes") of the Flathead Reservation, filed a claim...

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