Timothy White v. University of California

OPINION

THOMAS, Circuit Judge:

In this appeal, we consider whether the Native American Graves Protection and Repatriation Act (“NAGPRA” or “the Act”) abrogates tribal sovereign immunity and, if not, whether the district court properly dismissed this declaratory judgment action because the tribes and their representatives were indispensable parties under Fed.R.Civ.P. 19 and could not be joined in the action. We conclude that NAGPRA does not abrogate tribal sovereign immunity and that the affected tribes and their representatives were indispensable parties. Therefore, we affirm the district…