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THURSDAY, JUNE 20, 2002

A non-Indian couple who claims they were harassed by a tribal law enforcement officer has asked the Supreme Court to clear the way for an $8 million lawsuit.

Ross and Kim Linneen admit they entered the Gila River Reservation in Arizona on New Year's Day in 1996. But they say their mistake turned into a four-hour nightmare and want tribal officials to pay for what is being termed enormous pain and suffering.

"These facts have been accepted as true," the couple's Arizona attorney told the Justices on March 1. "This Court too must accept this tale of abuse and terror."

According to the couple, a tribal ranger threatened to shoot them after being caught walking their dogs on tribal property. The Linneens allege Ralph Andrews held a gun to their heads and promised to "bury their bodies in the desert where they would never be found."

"In short, and to the point, some of America's most cherished and time honored liberty interests were trampled this day," attorney James P. Mueller wrote of the situation.

The Linneens were cited with criminal trespass but the charges were eventually dismissed. Waiting almost two years, the couple sued Andrews, the tribe, the Department of Interior and the Bureau of Indian Affairs for alleged civil rights violations.

U.S. District Judge Roger G. Strand cut short the lawsuit and ruled the tribe enjoyed sovereign immunity. The claim against the federal government was dismissed on other grounds.

The Linneens appealed to the 9th Circuit Court of Appeals but only challenged the tribe. In January of this year, a three-judge panel again tossed the case.

"Congress has not abrogated tribal sovereign immunity" for the actions at issue, Circuit Judge William A. Fletcher wrote for the majority.

The tribe is urging the Supreme Court to respect that decision. In a response brief filed on May 22, tribal attorneys charged that the Linneens were sore losers.

The Linneens, wrote the attorneys, "mount a frontal attack on tribal sovereign immunity itself, essentially inviting this Court to overturn almost a century of its own precedent recognizing such immunity."

The Court last term decided one Indian law immunity case and ruled against an Oklahoma tribe. In the C & L Enterprises v. Citizen Band Potawatomi, an agreement that allowed for arbitration in state court was deemed a waiver of sovereignty.

The Gila River Tribe has a so-called "sue and be sued" clause in its corporate charter. The 9th Circuit determined this did not apply to governmental actions.

The Justices today are meeting in a conference to consider taking on the case. The announcement of their decision is expected next week.

Relevant Documents:
Supreme Court Docket Sheet: 01-1462 | Linneen v. Gila River

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Supreme Court Update (6/11)