Narrative Opinion Summary
The case involves an appeal by Eddie Tang against the dismissal of his civil rights claims under 42 U.S.C. §§ 1983 and 1985. The defendants include the Northern Cheyenne Tribal Court, the Montana Child Support Enforcement Division, and Tang's alleged ex-common-law wife along with her attorney. The district court's dismissal was affirmed by the appellate court, which found a lack of federal jurisdiction over the tribal claims due to Tang's failure to exhaust tribal remedies. The Montana Child Support Enforcement Division was dismissed as a defendant because it is not a 'person' under § 1983. Additionally, claims against the individual defendants were dismissed as they did not perform governmental functions, and the § 1985 claim lacked evidence of discriminatory animus against a protected class. The court also dismissed his claims under 28 U.S.C. §§ 1343(a), 1346(a)(2) and (b)(1), and 1357 as meritless, affirming the dismissal without leave to amend. The decision is unpublished and has limited citation applicability according to 9th Cir. R. 36-3.
Legal Issues Addressed
Definition of 'Person' for § 1983 Claimssubscribe to see similar legal issues
Application: Tang's claims against his alleged ex-common-law wife and her lawyer were dismissed because they did not perform traditional governmental functions, thus not qualifying as 'persons' under § 1983.
Reasoning: The claims against individuals Jackie Limpy and Michael Eakin were also dismissed, as Tang did not demonstrate they performed a traditional governmental function.
Dismissal without Leave to Amendsubscribe to see similar legal issues
Application: The court affirmed the dismissal of Tang's claims without providing an opportunity to amend, citing the meritless nature of his arguments.
Reasoning: His arguments for causes of action under 28 U.S.C. §§ 1343(a), 1346(a)(2) and (b)(1), and 1357 were deemed meritless. The court affirms the dismissal without leave to amend.
Exhaustion of Tribal Remediessubscribe to see similar legal issues
Application: The court dismissed Tang's claims against the Northern Cheyenne Tribe due to a failure to exhaust tribal remedies before seeking federal review.
Reasoning: The court finds the federal courts lack jurisdiction over Tang's claims against the Northern Cheyenne Tribe because he did not exhaust tribal remedies by appealing to the tribal appeals court.
Liability of State Agencies under § 1983subscribe to see similar legal issues
Application: The court found that the Montana Child Support Enforcement Division cannot be sued under § 1983 because it is not a 'person' liable under this statute.
Reasoning: Claims against the Montana Child Support Enforcement Division were dismissed as the agency is not considered a “person” liable under § 1983.
Requirements for Conspiracy Claims under § 1985subscribe to see similar legal issues
Application: Tang's § 1985 claim was dismissed due to insufficient evidence of discriminatory animus against a protected class.
Reasoning: Tang's § 1985 claim was rejected due to a lack of evidence showing that the defendants acted with impermissible animus against a protected class.