-Caveat Lector- WASHINGTON (AP) - The Supreme Court agreed Tuesday to clarify whether state officials can be sued in Indian tribal court over actions taken on an Indian reservation. The court said it will hear four Nevada wildlife officials' argument that they are immune from being sued in tribal court over the seizure of bighorn sheep head trophies from a man's home on a reservation. Floyd Hicks is a member of the Fallon Paiute-Shoshone Tribe and lives on its reservation near Reno in western Nevada. In August 1990, a Nevada game warden got a warrant from state and tribal courts to search Hicks' property for evidence of the killing of California bighorn sheep. Killing the sheep is a misdemeanor under state law. A tribal judge limited the search to ``exterior premises and any vehicles.'' The game warden and a tribal police officer took a mounted sheep's head trophy from Hicks' home. Officials later returned it because it was of a different species than the California bighorn. In June 1991, the warden conducted another search with state and tribal court approval, and took at least one sheep's head trophy from Hicks' home. Again it was determined that the trophies were not evidence of a crime and they were returned to him. Hicks sued four Nevada wildlife officials in tribal court, alleging violations of tribal law and his federal civil rights. He sued them as individuals, not in their official capacities. The wildlife officials asked a federal court to rule they were protected from being sued in tribal court by Nevada's sovereign immunity and by qualified immunity. Qualified immunity protects government officials from being sued over their official acts so long as they did not violate someone's clearly established rights. A federal judge upheld the tribal court's authority to hear the case, and the 9th U.S. Circuit Court of Appeals agreed, saying the tribal court should address the immunity issues first. In the appeal acted on Tuesday, Nevada's lawyers, representing the wildlife officials, called the case a challenge to state sovereignty. The officials ``may not, in any capacity, under any circumstances, be called to answer in a tribal forum,'' the state's lawyers said. Hicks' lawyers said tribal courts are presumed to have authority over conduct on Indian reservations by non-Indians. The case is Nevada v. Hicks, 99-1994. On the Net: For the appeals court ruling: http://www.uscourts.gov/links.html Click on 9th Circuit. ================================================================= Kadosh, Kadosh, Kadosh, YHVH, TZEVAOT FROM THE DESK OF: <[EMAIL PROTECTED]> *Mike Spitzer* <[EMAIL PROTECTED]> ~~~~~~~~ <[EMAIL PROTECTED]> The Best Way To Destroy Enemies Is To Change Them To Friends Shalom, A Salaam Aleikum, and to all, A Good Day. ================================================================= <A HREF="http://www.ctrl.org/">www.ctrl.org</A> DECLARATION & DISCLAIMER ========== CTRL is a discussion & informational exchange list. Proselytizing propagandic screeds are unwelcomed. Substance�not soap-boxing�please! These are sordid matters and 'conspiracy theory'�with its many half-truths, mis- directions and outright frauds�is used politically by different groups with major and minor effects spread throughout the spectrum of time and thought. That being said, CTRLgives no endorsement to the validity of posts, and always suggests to readers; be wary of what you read. CTRL gives no credence to Holocaust denial and nazi's need not apply. Let us please be civil and as always, Caveat Lector. ======================================================================== Archives Available at: http://peach.ease.lsoft.com/archives/ctrl.html <A HREF="http://peach.ease.lsoft.com/archives/ctrl.html">Archives of [EMAIL PROTECTED]</A> http:[EMAIL PROTECTED]/ <A HREF="http:[EMAIL PROTECTED]/">ctrl</A> ======================================================================== To subscribe to Conspiracy Theory Research List[CTRL] send email: SUBSCRIBE CTRL [to:] [EMAIL PROTECTED] To UNsubscribe to Conspiracy Theory Research List[CTRL] send email: SIGNOFF CTRL [to:] [EMAIL PROTECTED] Om
