Legal Opinion

Spokane Tribe of Indians v. Washington State

Court of Appeals for the Ninth Circuit

Decided July 6, 1994No. Nos. 92-35113, 92-35446PublishedCited by 8 opinions

1Opinion of the Court

Opinion by Judge SCHROEDER.

SCHROEDER, Circuit Judge:

This is a suit by the Spokane Tribe of Indians (“the Tribe”) against the State of Washington to compel the state to negotiate in good faith for terms of a gaming compact as required by the Indian Gaming Regulatory Act (“IGRA”), 25 U.S.C. §§ 2701-21 (Supp.1994). The dispositive issue in this appeal and cross-appeal is whether the state is immune from this suit under the Eleventh Amendment despite the fact that Congress, acting pursuant to its plenary constitutional power to regulate Indian affairs, clearly intended to authorize such suits.…

2Cases cited25 opinions

  1. Kentucky v. GrahamSupreme Court of the United States · 1985
  2. Ex Parte YoungSupreme Court of the United States · 1908
  3. Hans v. LouisianaSupreme Court of the United States · 1890
  4. Atascadero State Hospital v. ScanlonSupreme Court of the United States · 1985
  5. Fitzpatrick v. BitzerSupreme Court of the United States · 1976

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3Cited by8 opinions

  1. (SS) (CONSENT) Honeycutt v. Commissioner of Social SecurityDistrict Court, E.D. California · 2021
  2. Blackfeet Tribe of Blackfeet Indian Reservation v. JessupCourt of Appeals for the Ninth Circuit · 1994
  3. Fort Belknap Indian Community of Fort Belknap Indian Reservation v. State of Mont.Court of Appeals for the Ninth Circuit · 1994
  4. Gifford v. Commissioner of Social Security AdministrationDistrict Court, D. Arizona · 2024
  5. Mann v. Commissioner of Social Security AdministrationDistrict Court, D. Arizona · 2022

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