Omaha Tribe of Nebraska v. Village of Walthill, Nebraska, 72-1002.
| Citation | 460 F.2d 1327 |
| Decision Date | 05 June 1972 |
| Docket Number | No. 72-1002.,72-1002. |
| Parties | OMAHA TRIBE OF NEBRASKA, a Corporation, et al., Appellees, v. VILLAGE OF WALTHILL, NEBRASKA, a Municipal Corporation, et al., Appellants. |
| Court | United States Courts of Appeals. United States Court of Appeals (8th Circuit) |
Melvin K. Kammerlohr, Asst. Atty. Gen., Lincoln, Neb., Robert G. Scoville, South Sioux City, Neb., Ronald K. Samuelson, Pender, Neb., Clarence A. H. Meyer, Atty. Gen. of Nebraska, for appellants.
William K. Schaphorst, U. S. Atty., Omaha, Neb., for appellees.
Before MATTHES, Chief Judge, and HEANEY and STEPHENSON, Circuit Judges.
This controversy is between the Omaha Tribe of Nebraska, the Tribal Council of the Omaha Tribe and certain officers and members of the Council, as plaintiffs-appellees, and the Village of Walthill, Nebraska, Thurston County, Nebraska, the State of Nebraska, and certain village, county, and state officers, as defendants-appellants.
The dispute centers on the question of jurisdiction over crimes committed by or against Indians on the Omaha Reservation. Seeking a resolution of the problem, plaintiffs filed this action in the United States District Court for the District of Nebraska. They sought a declaration that exclusive jurisdiction over crimes committed by or against Indians is in the United States Government and the Omaha Tribe through the Federal Government, except as to offenses involving the operation of motor vehicles on public roads or highways.
Motions for summary judgment were filed by plaintiffs and defendants. The district court, Judge Robinson, granted the plaintiffs' motion and entered judgment accordingly. Defendants have brought the case here by appeal.
The controlling facts are fully detailed in the district court's opinion reported at 334 F.Supp. 823 (D.Neb.1971). Reference to the legislative enactments and ensuing action by the authorities, which are the crucial aspects of this litigation will suffice for the purpose of this opinion. In 1953, the Congress of the United States, by appropriate legislation, provided that the State of Nebraska should have jurisdiction over civil causes of action and jurisdiction over offenses committed by or against Indians on Indian reservations within the State of Nebraska to the same extent that the state had jurisdiction over other civil actions or criminal offenses. Nebraska assumed and exercised such jurisdiction. In 1968, Congress authorized the Federal Government to accept a retrocession by...
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...States v. Brown, 334 F.Supp. 536 (D.Neb.1971); Omaha Tribe of Nebraska v. Village of Walthill, 334 F.Supp. 823 (D.Neb.1971), aff'd 460 F.2d 1327 (8th Cir.1972), cert. denied, 409 U.S. 1107, 93 S.Ct. 898, 34 L.Ed.2d 687 (1973); see also Leser v. Garnett, 258 U.S. 130, 42 S.Ct. 217, 66 L.Ed. ......
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Oliphant v. Schlie, 74-2154
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Pueblo of Santa Ana v. Kelly
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