Sycuan Band of Mission Indians v. Roache

38 F.3d 402
CourtCourt of Appeals for the Ninth Circuit
DecidedSeptember 26, 1994
DocketNos. 93-55430, 93-55431
StatusPublished
Cited by7 cases

This text of 38 F.3d 402 (Sycuan Band of Mission Indians v. Roache) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sycuan Band of Mission Indians v. Roache, 38 F.3d 402 (9th Cir. 1994).

Opinion

CANBY, Circuit Judge.

This appeal presents a conflict over the power of state authorities to prohibit certain forms of Indian gaming. Edwin L. Miller, the District Attorney of San Diego County, California (the State), appeals' the district court’s injunction forbidding the State’s prosecution of certain individuals employed in Indian gaming operations on the reservations of the Barona, Sycuan and Viejas Bands of Mission Indians. On cross-appeal, the Sy-cuan Band challenges the district court’s finding that its video “pull-tab” machines offer Class III games that were operated in violation of the Indian Gaming Regulatory Act (IGRA), 25 U.S.C. §§ 2701-2721. We affirm the district court’s judgment in all respects.

[405]*405I. Background

After obtaining search warrants in the San Diego Municipal Court, sheriffs deputies raided gaming centers operated by the Baro-na, Syeuan, and Viejas Bands of Mission Indians on their reservations. The deputies seized gaming machines, cash and records. A short time later, District Attorney Miller commenced prosecutions of four persons employed in the Bands’ respective gaming centers. The Bands brought actions in the district court for declaratory relief and injunctions against the state prosecutions.

The district court granted declaratory and injunctive relief in favor of the Bands. See 788 F.Supp. 1498 (S.D.Cal.1992). It declared that the county officials were precluded by the Indian Gaming Regulatory Act (IGRA) from jurisdiction to execute the warrants and prosecute the tribal gaming officials. Accordingly, it enjoined the pending prosecutions of these individuals.

The district court denied, however, the Syeuan Band’s motion to return the seized gaming devices. The district court found that the Band’s video pull-tab machines were Class III gaming devices that could be lawfully operated only if authorized by a Tribal-State compact. Because there was no such compact, the district court eventually ordered the San Diego County Sheriff, pursuant to a stipulation, to return the gaming devices to Video Autotab, Inc., the owner and lessor of the gaming devices.

The State appeals from the district court’s injunction, contending that 42 U.S.C. § 1988 failed to authorize the court to issue an injunction; that the injunction violated the Anti-Injunction Act, 28 U.S.C. § 2283; and that the injunction violated the Younger abstention doctrine. Finally, the State appeals the ruling that it has no criminal jurisdiction over the gambling offenses at issue.

On cross-appeal, the Syeuan Band contends that the district court erred in finding that the Band’s video “pull-tab” machines are Class III gaming devices. Before reaching that issue, we address the State’s appeal.

II. The District Court’s Authority to Enter an Injunction

The State argues that 42 U.S.C. § 1983 cannot support the district court’s injunction because the Bands are not “persons” for purposes of that section. We agree with the Syeuan Band, however, that there is no need for us to reach that question.1 The Bands alleged jurisdiction under 28 U.S.C. §§ 1331, 1337, and 1362, and the State did not contest those bases of jurisdiction. Section 1331 is enough; this case clearly arises under federal law, be it IGRA or the federal common law of Indian affairs that allocates jurisdiction among the federal government, the tribes, and the states. See National Farmers Union Ins. Cos. v. Crow Tribe, 471 U.S. 845, 850-53, 105 S.Ct. 2447, 2450-52, 85 L.Ed.2d 818 (1985).

The State attacks the standing of the tribe to seek an injunction that, among other things, enjoins the prosecution of third parties. The State candidly admits, however, that this argument was not raised in the district court. The argument is therefore waived and we will not entertain it unless the defect in standing deprives us of jurisdiction for lack of a case or controversy. See Barrows v. Jackson, 346 U.S. 249, 257, 73 S.Ct. 1031, 1035-36, 97 L.Ed. 1586 (1953) (rule denying standing to raise another’s rights is “only a rule of practice,” which may be dispensed with in appropriate cases). We have no doubt that we have before us a case and controversy between the Bands and the state authorities. The State’s prosecutions, although directed immediately at the individuals conducting the tribal gaming operation, are aimed at stopping the Bands’ machine gaming in its tracks. The Bands here are in no different position from that of the Mescalero Tribe in New Mexico v. Mescalero Apache Tribe, 462 U.S. 324, 103 S.Ct. 2378, 76 L.Ed.2d 611 (1983). In that case, the Tribe brought an action against New Mexico to enjoin enforcement of the State’s game [406]*406laws against non-Indian hunters and fishers on the Tribe’s reservation. Id. at 329-30, 103 S.Ct. at 2383-84. The lower court issued the injunction and the Supreme Court upheld it. Id. at 343, 103 S.Ct. at 2391-92. We therefore see no constitutional or other jurisdictional problem in enforcing the district court’s injunction in this case.

On the merits, the district court had strong authority for its conclusion that the State lacked jurisdiction to enforce its criminal laws against electronic machine gambling. IGRA extends state laws punishing certain types of gambling into Indian country, 18 U.S.C. § 1166(a), (b), (c), but it also contains a highly explicit limitation on jurisdiction to enforce those laws:

The United States shall have exclusive jurisdiction over criminal prosecutions of violations of State gambling laws that are made applicable under this section to Indian country, unless an Indian tribe pursuant to a Tribal-State compact ... has consented to the transfer to the State of criminal jurisdiction with respect to the gambling on the lands of the Indian tribe.

18 U.S.C. § 1166(d). The Bands have not consented to the transfer of criminal jurisdiction to the State. As far as IGRA is concerned, therefore, the State had no authority to prosecute the Bands’ employees for conducting the Bands’ gaming. Having correctly so concluded, the district court was well within its equitable power to enjoin the prosecutions, see, e.g., Mescalero Apache Tribe, supra, unless some federal statute or deci-sional law affirmatively bars the injunction. We discuss those questions below, but first we deal with a final substantive contention of the State.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
38 F.3d 402, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sycuan-band-of-mission-indians-v-roache-ca9-1994.