Chemehuevi Indian Tribe v. McMahon, No. 17-56791 (9th Cir. 2019)Annotate this Case
Members of the Tribe filed suit under 42 U.S.C. 1983, alleging violations of various federal statutory and constitutional rights, stemming from traffic citations issued to members of the Tribe from a sheriff's deputy inside the boundaries of the Chemehuevi Reservation. The district court subsequently granted summary judgment to defendants.
The panel held that the Chemehuevi Reservation includes Section 36, and that Section 36 is Indian country. Therefore, the County does not have jurisdiction to enforce California regulatory laws within it. Furthermore, the panel held that the individual members have a cause of action under section 1983 against defendants. However, the Tribe cannot assert its sovereign rights under the statute. Accordingly, the court affirmed in part, vacated in part, and remanded in part.