Nevada v. Hicks

Nevada v. Hicks
Argued March 21, 2001
Decided June 25, 2001
Full case nameState of Nevada, et al. v. Floyd Hicks, et al.
Citations533 U.S. 353 (more)
121 S. Ct. 2304; 150 L. Ed. 2d 398; 2001 U.S. LEXIS 4669
Case history
Prior944 F. Supp. 1455 (D. Nev. 1996); affirmed, 196 F.3d 1020 (9th Cir. 1999); cert. granted, 531 U.S. 923 (2000).
Holding
Tribal Courts do not have the authority to restrict or regulate state officials in investigation off-reservation violations of state law. They also lack the ability to hear claims that officials violated Tribal Law in the performance of their duties.
Court membership
Chief Justice
William Rehnquist
Associate Justices
John P. Stevens · Sandra Day O'Connor
Antonin Scalia · Anthony Kennedy
David Souter · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Case opinions
MajorityScalia, joined by Rehnquist, Kennedy, Souter, Thomas, Ginsburg
ConcurrenceSouter, joined by Kennedy, Thomas
ConcurrenceGinsburg
ConcurrenceO'Connor, joined by Stevens, Breyer
ConcurrenceStevens, joined by Breyer
Laws applied
42 U.S.C. § 1983

Nevada v. Hicks, 533 U.S. 353 (2001), is a United States Supreme Court case regarding the jurisdiction of Tribal Courts when state officials are sued by tribal members in tribal court.[1] The Supreme Court unanimously decided that Tribal courts lack jurisdiction to decide tort claims or § 1983[2] claims related to State law enforcement's process on the reservation, but related to a crime that allegedly occurred off the reservation nor must the parties exhaust their claims in Tribal court before filing in federal court.

  1. ^ Nevada v. Hicks, 533 U.S. 353 (2001). Public domain This article incorporates public domain material from this U.S government document.
  2. ^ 42 U.S.C. § 1983.