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TUESDAY, JANUARY 8, 2002

The Gila River Indian Community of Arizona hasn't given up its sovereign immunity and can't be sued, a federal appeals court ruled on Monday.

The Gila River constitution only permits lawsuits for its corporate activities, not governmental ones, a three-judge panel of the 9th Circuit wrote, affirming a lower court case which dismissed an $8 million damages claim against the tribe.

The case centered on an incident during which a police officer cited a non-Indian couple for trespassing on the reservation. The couple contended the tribal ranger "held a gun to their heads; complained about injustices suffered by Native Americans at the hands of Cau-casians; and lectured them on religious doctrine," according to the case.

Charges against the couple were eventually dismissed but they sued the tribe anyway.

Get the Case:
LINNEEN v. GILA RIVER INDIAN CMTY., No. 00-15120 (9th Cir. January 07, 2002)