Murgia ex rel. Estate of Murgia v. Reed

MEMORANDUM ***

Officers Scott Reed and Robert Parsons (“Defendants”) filed this appeal from the district court’s denial of their motion to dismiss for lack of subject matter jurisdiction. Because their motion to dismiss was based on tribal sovereign immunity, we permit this interlocutory appeal. Burlington N. & Santa Fe Ry. Co. v. Vaughn, 509 F.3d 1085, 1088 (9th Cir.2007); see also Romero v. Peterson, 930 F.2d 1502, 1505-06 (10th Cir.1991) (holding that the question of whether defendants were federal or tribal actors was within category of cases that warrant immediate interlocutory appeal).

Mar…