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Settler v. Lameer

507 F.2d 231 (1974)

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Settler v. Lameer

United States Court of Appeals for the Ninth Circuit
507 F.2d 231 (1974)

Facts

Alvin and Mary Settler (defendants), both members of the Yakama Nation who lived outside the reservation, were arrested and their equipment seized for violation of Yakama fishing regulations that occurred at a usual and accustomed off-reservation fishing place. The Yakama Nation Police Force, and its chief of police, Wilson Lameer (collectively, the Yakama) (plaintiff), arrested Alvin while on the reservation and arrested Mary outside the reservation at the accustomed fishing place. The Settlers both filed writs of habeas corpus, arguing that the Yakama lacked jurisdiction to enforce regulations outside the reservation. Initially the writs were denied for lack of jurisdiction, but the decision was reversed on appeal and remanded for proceedings on the merits. Alvin’s petition was again denied, but the district court held that the seizure of Mary equipment and Mary’s arrest outside the reservation were unlawful because the Yakama’s jurisdiction was limited to the reservation. The Yakama appealed, asserting the right to regulate the fishing activities of its members both on and off the reservation at the accustomed fishing places, as reserved under the 1855 treaty between the Yakama and the United States.

Rule of Law

Issue

Holding and Reasoning (Jameson, J.)

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