State pleased with high court decision to hear tribal case

Wednesday, Oct. 11, 2000 | 9:50 a.m.

CARSON CITY -- Attorney General Frankie Sue Del Papa on Tuesday hailed a decision by the U.S. Supreme Court to hear the state's appeal of an American Indian's $1 million lawsuit against state wildlife officials.

"This case is obviously going to create new law significant to all states that deal with tribes," she said.

The case dates back to 1991 when state game wardens, armed with tribal search warrants, went on to the Fallon Paiute-Shoshone Reservation east of Fallon on two occasions and seized bighorn sheep heads from Floyd Hicks. No criminal charges were filed and the heads were returned to Hicks.

Hicks filed suit against three wardens and former state Wildlife Director Willie Molini, alleging violation of tribal law and federal civil rights.

Howle said the state tried for three years to get the tribal court to dismiss the suits. It then appealed unsuccessfully to the U.S. District Court in Reno and to the 9th U.S. Circuit Court of Appeals, claiming the state had immunity from such suits.

After losing in the 9th Circuit, the state appealed to the U.S. Supreme Court, which agreed to review the case.

Deputy Attorney General Wayne Howle said Tuesday he will have 45 days to submit his opening brief. Oral arguments will probably be in the spring.

Del Papa said the suits are unprecedented.

"No court has ever suggested tribal courts have power to award judgments against state officials for doing state business," she said.

"This result (lower court ruling) is worrisome to any state official who holds some sort of relationship with a tribe, or who conducts business for the state on a reservation."