Chilkat Indian Village v. Johnson

870 F.2d 1469 (1989)

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Chilkat Indian Village v. Johnson

United States Court of Appeals for the Ninth Circuit
870 F.2d 1469 (1989)

  • Written by Heather Whittemore, JD

Facts

In 1976 the Chilkat Indian Village Council, the governing body of the Chilkat Indian Village (the village) (plaintiff), passed an ordinance prohibiting the purchase, trade, or removal of artifacts and artwork owned by the village or its members without permission. In 1984 several individuals removed four carved wooden posts and a wooden rain screen (the artifacts) from the village and delivered them to Michael Johnson (defendant), an art dealer who resided in Arizona and was not a member of the village. The village filed a lawsuit in federal district court against Johnson under its ordinance, seeking the return of the artifacts and damages for their removal. The district court dismissed the village’s ordinance claim, holding that it did not have jurisdiction over the claim because the claim did not arise under federal law. The village appealed, arguing that its ordinance was backed by its sovereign powers and that its claim to enforce its ordinance against Johnson arose under federal law.

Rule of Law

Issue

Holding and Reasoning (Canby, J.)

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