United States Ninth Circuit

Dismissal of an action brought by plaintiff-professors to oppose the repatriation of skeletal remains by a Kumeyaay Nation Tribe under the Native Graces Protection and Repatriation Act (NAGPRA) is affirmed, where: 1) NAGPRA did not abrogate the Tribes' sovereign immunity; 2) as an arm of the Tribes, the Repatriation Committee was entitled to sovereign immunity and did not waive it by filing a separate lawsuit or by incorporating in California; and 3) the Tribes and the Repatriation Committee were necessary and indispensable parties under Rule 19 of the Federal Rules of Civil Procedure, and the public interest exception to Rule 19 did not apply.

Appellate Information

• Decided 08/27/2014
• Published 08/27/2014

Judges

• Thomas

Court

• United States Ninth Circuit

Counsel