United States Ninth Circuit

In an action brought against tribal officers who were sued in their individual capacities for an assertedly unconstitutional detention and seizure of property that took place at a casino owned and operated by a tribe on tribal land, the district court's denial of motion to dismiss is affirmed where although the district court erred in concluding that it would be inappropriate to dismiss the claims against the defendants at the 12(b)(1) stage, the tribal defendants were not entitled to tribal 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.

Appellate Information

• Decided 06/30/2015
• Published 06/30/2015

Judges

• Berzon

Court

• United States Ninth Circuit

Counsel