Nevada v. Hicks
2001 United States Supreme Court case / From Wikipedia, the free encyclopedia
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Nevada v. Hicks, 533 U.S. 353 (2001), is a United States Supreme Court case regarding the jurisdiction of Tribal Courts when state officials are sued by tribal members in tribal court.[1] The Supreme Court unanimously decided that Tribal courts lack jurisdiction to decide tort claims or § 1983[2] claims related to State law enforcement's process on the reservation, but related to a crime that allegedly occurred off the reservation nor must the parties exhaust their claims in Tribal court before filing in federal court.
Quick Facts Nevada v. Hicks, Argued March 21, 2001 Decided June 25, 2001 ...
Nevada v. Hicks | |
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Argued March 21, 2001 Decided June 25, 2001 | |
Full case name | State of Nevada, et al. v. Floyd Hicks, et al. |
Citations | 533 U.S. 353 (more) 121 S. Ct. 2304; 150 L. Ed. 2d 398; 2001 U.S. LEXIS 4669 |
Case history | |
Prior | 944 F. Supp. 1455 (D. Nev. 1996); affirmed, 196 F.3d 1020 (9th Cir. 1999); cert. granted, 531 U.S. 923 (2000). |
Holding | |
Tribal Courts do not have the authority to restrict or regulate state officials in investigation off-reservation violations of state law. They also lack the ability to hear claims that officials violated Tribal Law in the performance of their duties. | |
Court membership | |
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Case opinions | |
Majority | Scalia, joined by Rehnquist, Kennedy, Souter, Thomas, Ginsburg |
Concurrence | Souter, joined by Kennedy, Thomas |
Concurrence | Ginsburg |
Concurrence | O'Connor, joined by Stevens, Breyer |
Concurrence | Stevens, joined by Breyer |
Laws applied | |
42 U.S.C. § 1983 |
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