Bishop Paiute Tribe v. Inyo Cnty.
| Decision Date | 19 July 2017 |
| Docket Number | No. 15-16604,15-16604 |
| Citation | 863 F.3d 1144 |
| Parties | BISHOP PAIUTE TRIBE, Plaintiff–Appellant, v. INYO COUNTY; William Lutze, Inyo County Sheriff ; Thomas Hardy, Inyo County District Attorney, Defendants–Appellees. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Dorothy A. Alther (argued), California Indian Legal Services, Escondido, California; Jasmine Andreas, California Indian Legal Services, Bishop, California; for Plaintiff–Appellant.
John D. Kirby (argued), Law Offices of John D. Kirby, San Diego, California; Marshall S. Rudolph, Inyo County Counsel, Independence, California; for Defendants–Appellees.
Before: Sidney R. Thomas, Chief Judge, Mary H. Murguia, Circuit Judge, and Michael M. Baylson,** District Judge.
The Bishop Paiute Tribe (the "Tribe") seeks a declaration that they have the right to "investigate violations of tribal, state, and federal law, detain, and transport or deliver a non-Indian violator [encountered on the reservation] to the proper authorities." Before reaching this issue, the district court dismissed the case on jurisdictional grounds, concluding that the case presents no actual case or controversy. On appeal, we are also asked to assess whether the district court had subject matter jurisdiction over this case. Because questions of federal common law can serve as the basis of federal subject matter jurisdiction pursuant to 28 U.S.C. § 1331, and because this case presents a definite and concrete dispute that is ripe and not moot, we reverse and remand for further proceedings.
The Tribe is a federally recognized Indian Tribe with an 875–acre reservation near the city of Bishop in the County of Inyo, California. The Tribe exercises powers of self-government through its governing body, the Tribal Council, which consists of five officers elected from the general tribal membership. The Tribe has approximately 1,800 persons living on the reservation and runs a casino that allegedly has received approximately 450,000 visitors.
The Tribe has established civil but not criminal tribal law and has enacted three civil ordinances that are relevant to this case: a Nuisance Ordinance, a Trespass Ordinance, and a Tribal Public Safety Ordinance. Section 201 of the Tribal Public Safety Ordinance permits the tribal court to issue and enforce protective orders for the purposes of preventing violence or threatening acts. Section 202 of the Tribal Public Safety Ordinance permits the tribal court to give full faith and credit to valid protective orders issued by a state or another tribe's tribal court.
In 2009, the Tribe established a Tribal Police Department ("Tribal PD"). Since that time, the Tribal PD has responded to several hundred calls. Many of the responses are completed along with the Inyo County Sheriff's Department ("ICSO"). The Tribal PD employs three officers and a Chief of Police. Each officer must meet various qualification requirements, including having two years of law enforcement experience and completing a law enforcement training class. The Tribal PD patrols the reservation, enforces tribal ordinances, and conducts investigations. Tribal PD General Order 3.1 states that a Tribal PD officer may need to detain an Indian or non-Indian individual to secure the scene, prevent the suspect from leaving the scene, or for officer safety. Tribal PD officers are also permitted to detain non-Indians who are suspected of committing criminal acts on the reservation and to transfer such individuals to outside law enforcement. Non–Indians are to be turned over to outside law enforcement as soon as possible.
On December 24, 2014, Tribal PD Officer Daniel Johnson ("Johnson") received an on-reservation call from a tribal member reporting that the tribal member's non-Indian ex-wife was violating the tribal member's tribal and state protective orders by being at his home and causing a disturbance. Johnson notified the ICSO about the incident and responded to the call. Tribal and local law enforcement knew the suspect well; Tribal PD had responded to 11 calls involving the suspect, and ICSO had previously arrested the suspect twice for violating the state protective order.
Once Johnson arrived at the scene, he approached the suspect, who was sitting in her vehicle. Johnson informed the suspect that she was violating tribal and state court protective orders and that she needed to leave. The suspect became angry and verbally abusive. Johnson informed her that he was going to detain her for violating the protective ordinances and that she would be cited for violating the tribal nuisance and trespass ordinances. Johnson repeatedly ordered the suspect to exit the vehicle, but she did not. As Johnson attempted to remove her from the vehicle, the suspect kicked him. In response, Johnson removed his Taser and warned the suspect that if she did not comply, Johnson would deploy his Taser. The suspect did not comply, and Johnson applied his Taser to her.
Moments after Johnson deployed his Taser, an ICSO deputy arrived. Several neighbors, who had gathered around Johnson and the suspect, were verbally abusive toward Johnson. The ICSO deputy requested assistance from the police department of the nearby city of Bishop, California, because he and Johnson were outnumbered and the neighbors were hostile. Johnson finally removed the suspect from the vehicle and handcuffed her. Soon thereafter, a Bishop City Police Detective and ICSO Acting Lieutenant and Detective arrived at the scene and conducted an investigation. The officers ultimately released the suspect, because her ex-husband did not want her to be arrested. Johnson, however, cited the suspect for trespass, nuisance, and violating the tribal and state protective orders.
Before leaving the scene, the ICSO detective noticed a small abrasion and some redness on the suspect's abdominal area and asked the suspect if she was injured. Johnson asked the suspect if she wanted an ambulance to respond, and the suspect declined the offer. The following week, the ICSO conducted an investigation into the December 24 incident that was submitted to the Inyo County district attorney's office. On January 5, 2015, the Inyo County district attorney filed a felony complaint against Johnson charging him with assault with a stun gun, false imprisonment, impersonating a public officer, and battery.
On January 6, 2015, ICSO Sheriff William Lutze ("Sheriff Lutze") sent a "Cease and Desist Order" to the Tribe ordering Tribal PD to "cease and desist all law enforcement of California statutes." The order stated that ICSO had repeatedly told Tribal PD that its officers had been illegally exercising state police powers and that Tribal PD officers "do NOT have any legal authority, notwithstanding Bishop Paiute tribal authority, to enforce any state or federal laws within or outside tribal property." The order documented several instances of the Tribal PD allegedly illegally exercising law enforcement authority, including the December 24, 2014 incident with Johnson. ICSO ordered Tribal PD to immediately:
(emphasis in original).
The Tribe responded to the cease and desist order on January 15, 2015. The Tribe noted that it disagreed with ICSO's presentation of the facts and interpretation of applicable law but, as a show of good faith, the Tribe agreed that its officers would "not exercise California peace officer authority on or off the reservation" and would "carry their firearms only on the Bishop Paiute Indian Reservation." The Tribe did not suggest that its officers would refrain from exercising their inherent authority as interpreted by the Tribe. The Tribe further noted the importance of Tribal PD officers being "allowed to perform their legal duties without fear or expectation of criminal prosecution" and therefore requested a meeting with ICSO to address the matters identified in the cease and desist letter.
The Tribe brought this action against Inyo County, Sheriff Lutze, and Inyo County District Attorney Thomas Hardy (collectively "Defendants"). Attached to the operative first amended complaint ("FAC") were several exhibits, including Johnson's felony arrest warrant and criminal complaint, the cease and desist order, various tribal ordinances, Tribal PD officer job descriptions, and Tribal PD policies and procedures.
In its FAC, the Tribe requested that the district court clarify the Tribe's rights with respect to the ongoing dispute with the Defendants. In particular, the Tribe sought declarations that:
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