United States Ninth Circuit

In a 42 U.S.C. section 1983 action claiming that defendant-officers stopped plaintiff at an illegal roadblock, summary judgment for defendants is affirmed in part where clearly established law did not render the roadblock unconstitutional. However, the ruling is reversed in part where the roadblock functioned not merely as a tribal exercise, but also as an instrument for the enforcement of state law.

Appellate Information

• Argued 11/20/2008
• Decided 08/04/2009
• Published 08/04/2009

Judges

• CANBY, Circuit Judge:, Before WILLIAM C. CANBY, JR. and KIM McLANE WARDLAW, Circuit Judges, and RICHARD MILLS, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• David J. Euchner, Tucson, AZ;  James P. Harrison, the First Amendment Project, Oakland, CA;  for the plaintiff-appellant., Samuel F. Daughety, Assistant Attorney General, Tohono O‘odham Nation, Sells, AZ, for the amicus curiae.


• For Appellees:
  
• Roger W. Frazier, Gust Rosenfeld P.L.C., Tucson, AZ;  Gerald S. Frank, Assistant United States Attorney, Tucson, AZ;  for the defendants-appellees.