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Long v. Chemehuevi Indian Reservation

Citations: 115 Cal. App. 3d 853; 171 Cal. Rptr. 733; 1981 Cal. App. LEXIS 1401Docket: Civ. 23001

Court: California Court of Appeal; January 16, 1981; California; State Appellate Court

Narrative Opinion Summary

In the case involving a wrongful death claim against the Chemehuevi Indian Tribe, the Court of Appeals of California affirmed the trial court's dismissal due to the tribe's sovereign immunity. The plaintiffs alleged that the tribe's operation of a marina where a fatal accident occurred subjected it to liability. However, the tribe successfully argued that as a self-governing entity under federal protection, it retains sovereign immunity from lawsuits unless explicitly waived by Congress. The plaintiffs' argument that 28 U.S.C. § 1360 granted California jurisdiction over the tribe's activities was rejected, as the statute only extends jurisdiction over civil actions involving individual Indians, not against the tribes themselves. Additionally, the court found no merit in the plaintiffs' claim of an equal protection violation, emphasizing that tribal immunity is a matter of political status rather than racial classification. The plaintiffs failed to demonstrate any waiver of immunity, either through legislative or insurance means. Thus, the court upheld the tribe's immunity, denying the plaintiffs' claims and affirming the dismissal of the action. The denial of a hearing by the Supreme Court further solidified the appellate court's decision.

Legal Issues Addressed

Equal Protection and Sovereign Immunity

Application: The court found no violation of equal protection rights, as tribal immunity is based on political status rather than racial classification.

Reasoning: Sovereign immunity of Indian tribes, including the Chemehuevi Tribe, is rooted in political considerations rather than racial ones, affirming that it does not infringe upon equal protection rights under state or federal law.

Jurisdiction Under 28 U.S.C. § 1360

Application: The statute does not grant California jurisdiction over suits against Indian tribes, only over civil actions involving individual Indians.

Reasoning: The plaintiffs contended that 28 U.S.C. § 1360 grants California broad civil jurisdiction over the tribe. However, the court clarified that while this statute provides jurisdiction over civil actions involving Indians, it does not extend to suits against the tribes themselves.

Tribal Sovereign Immunity

Application: The court upheld the tribe's sovereign immunity, barring wrongful death claims against the Chemehuevi Indian Tribe absent an explicit waiver by Congress.

Reasoning: The Court of Appeals of California upheld the trial court's dismissal of a wrongful death action against the Chemehuevi Indian Tribe, citing lack of subject matter jurisdiction due to the tribe's sovereign immunity.

Waiver of Sovereign Immunity

Application: Waivers of tribal sovereign immunity must be explicit and were not argued or established in this case.

Reasoning: The discussion acknowledges the concept of waiving sovereign immunity but notes that the appellants, Longs, did not plead or argue for such a waiver in earlier proceedings or on appeal.