Legal Opinion
Montana v. Gilham
Court of Appeals for the Ninth Circuit
Decided January 13, 1998No. 96-35766PublishedCited by 19 opinions
1Opinion of the Court
THOMAS, Circuit Judge:
This ease raises the question of whether the State of Montana may be subject to an unconsented tort action filed by an individual plaintiff in Blackfeet Tribal Court. We hold that Montana’s sovereign immunity bars such an action.
I
Our consideration , of these questions of dominion and authority has its genesis in a personal tragedy. On January 14, 1986, Christine Gilham was fatally injured when the car in which she was a passenger struck a permanently anchored highway sign at the intersection of U.S. Highways 2 and 89 within, the external boundaries of the Blackfeet…
2Cases cited37 opinions
- Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
- Seminole Tribe of Florida v. FloridaSupreme Court of the United States · 1996
- Atascadero State Hospital v. ScanlonSupreme Court of the United States · 1985
- Santa Clara Pueblo v. MartinezSupreme Court of the United States · 1978
- Idaho v. Coeur D'Alene Tribe of IdahoSupreme Court of the United States · 1997
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3Cited by19 opinions
- Timothy White v. University of CaliforniaCourt of Appeals for the Ninth Circuit · 2014
- Amerind Risk Management v. Myrna MalaterreCourt of Appeals for the Eighth Circuit · 2011
- Kahawaiolaa v. NortonCourt of Appeals for the Ninth Circuit · 2004
- Kahawaiolaa v. NortonCourt of Appeals for the Ninth Circuit · 2004
- Burlington Northern Railroad v. Red WolfCourt of Appeals for the Ninth Circuit · 1999
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