United States v. Spokane Tribe of Indians
United States Court of Appeals for the Ninth Circuit
139 F.3d 1297 (1998)
- Written by Alex Hall, JD
Facts
The Spokane Tribe of Indians (tribe) (defendant) attempted to negotiate a compact with the state authorizing class III gaming operations. After negotiations fell apart, the tribe sued the state for failure to negotiate in good faith and, before the suit was resolved, began operating class III games. The United States (government) (plaintiff) filed suit to enjoin the tribe from class III gaming operations without a compact. The district court granted the injunction, and the tribe appealed. Subsequently, in Seminole Tribe of Florida v. Florida, the Supreme Court held that states were entitled to Eleventh Amendment immunity from suits brought by tribes alleging state violations of the duty to negotiate in good faith. Relying on this decision, the state asserted sovereign immunity to secure dismissal of the tribe’s action. The tribe’s attempts to obtain approval of class III gaming through the secretary of the interior were unsuccessful.
Rule of Law
Issue
Holding and Reasoning (Kozinski, J.)
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