Rahne Pistor v. Carlos Garcia
Court of Appeals for the Ninth Circuit
1Opinion of the Court
OPINION
BERZON, Circuit Judge:
Our question is whether tribal officers may assert tribal sovereign immunity when sued in their individual capacities for an assertedly unconstitutional detention and seizure of property. The seizure and detention at issue took place at a casino owned and operated by a tribe on tribal land.
We conclude that the tribal defendants are not entitled to sovereign immunity because they were sued in their individual rather than their official capacities, as any recovery will run against the individual tribal defendants, rather than the tribe. Maxwell v. County of San…
2Cases cited36 opinions
- Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
- Kentucky v. GrahamSupreme Court of the United States · 1985
- Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Arbaugh v. Y & H Corp.Supreme Court of the United States · 2006
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3Cited by229 opinions
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- Bodi v. Shingle Springs Band of Miwok IndiansCourt of Appeals for the Ninth Circuit · 2016
- Rea Paeste v. Government of GuamCourt of Appeals for the Ninth Circuit · 2015
- Ader v. Simonmed Imaging Inc.District Court, D. Arizona · 2018
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