Knighton v. Cedarville Rancheria of Northern Paiute Indians, No. 17-15515 (9th Cir. 2019)
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The Ninth Circuit affirmed the district court's dismissal of an action challenging a tribal court's subject matter jurisdiction over tort claims brought by the tribe against a nonmember employee. The panel previously held that a tribe's inherent sovereign power to exclude nonmembers from tribal land is an independent source of regulatory power over nonmember conduct on tribal land.
In this case, the panel held that a tribe's regulatory power over nonmembers on tribal land does not solely derive from an Indian tribe’s exclusionary power, but also derives separately from its inherent sovereign power to protect self government and control internal relations. The panel held that the tribal court has jurisdiction over the tribe's claim under the circumstances presented here, given the existence of regulatory authority, the sovereign interests at stake, and the congressional interest in promoting tribal self-government. The panel held that the tribe has authority to regulate the nonmember employee's conduct at issue pursuant to its inherent power to exclude nonmembers from tribal lands, and in the alternative, the tribe has regulatory authority over the nonmember employee's conduct under both Montana exceptions.
Court Description: Tribal Jurisdiction The panel affirmed the district court’s dismissal of an action challenging a tribal court’s subject matter jurisdiction over tort claims brought by the tribe against a nonmember employee. The tort claims arose from conduct committed by the nonmember on tribal lands during the scope of her employment. The panel held that a tribe’s regulatory power over nonmembers on tribal land derives both from the tribe’s inherent sovereign power to exclude nonmembers from tribal land and from the tribe’s inherent sovereign power to protect self-government and control internal relations. The panel held that the tribe had authority to regulate the nonmember employee’s conduct at issue pursuant to its exclusionary power. Alternatively, the tribe had regulatory authority under both Montana exceptions, which allow a tribe (1) to regulate the activities of nonmembers who enter consensual relationships with the tribe or its members and (2) to exercise civil authority over the conduct of nonmembers on fee lands within its reservation when that conduct threatens or directly affects the political integrity, the economic security, or the health or welfare of the tribe. Given the existence of regulatory authority, the sovereign interests at stake, and the congressional interest in promoting
The court issued a subsequent related opinion or order on April 24, 2019.
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