Timbisha Shoshone Tribe v. U.S. Department of the Interior
2016 U.S. App. LEXIS 9713
9th Cir.2016Background
- The Timbisha Shoshone Tribe experienced long-running factional disputes over Tribal Council control; the Kennedy group and rival factions (Beaman, Gholson) each claimed leadership.
- After competing elections in 2006–2007, the Department of the Interior (through BIA officials and Assistant Secretary Echo Hawk) reviewed the contests, rejected certain General Council ratifications, and temporarily recognized the Gholson group to hold a special election.
- The special election produced a new Tribal Council (Gholson winners); Echo Hawk recognized the special-election result as reflecting the will of the Tribe.
- The Kennedy group sued under the Administrative Procedure Act seeking a remand of Echo Hawk’s decisions (not direct reinstatement), but the district court dismissed under Rule 19 for failure to join indispensable tribal parties enjoying sovereign immunity.
- In 2014 the Tribe adopted a new constitution that changed membership criteria; under the new constitution the 74 persons disenrolled by the Kennedy group in 2008 would be members. The BIA certified the new constitution after a majority vote.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Mootness of APA challenge to BIA/Assistant Secretary election decisions | Kennedy: agency erred; remand could yield relief | DOI: new tribal constitution and subsequent elections remove any possibility of meaningful relief | Case is moot; appeal dismissed because remand could not change result |
| Effect of new 2014 constitution on membership dispute | Kennedy: new constitution invalid because allegedly ineligible voters (disenrolled 74) improperly ratified it (circular cure) | DOI: constitution was validly adopted and certified; even excluding disputed votes it still passed | Court assumes constitution valid (Kennedy conceded validity for this appeal); constitution moots the membership-based challenge |
| District court’s Rule 19 dismissal (joinder/sovereign immunity) | Kennedy: district court erred by dismissing instead of fashioning alternative relief | DOI/Tribe: Tribal parties are indispensable and sovereign immunity prevents joinder | Court declined to reach merits of Rule 19 dismissal because appeal is moot |
Key Cases Cited
- Bender v. Williamsport Area Sch. Dist., 475 U.S. 534 (holding appellate courts must satisfy themselves of jurisdiction)
- Steffel v. Thompson, 415 U.S. 452 (case-or-controversy must exist throughout litigation)
- Already, LLC v. Nike, Inc., 568 U.S. 85 (mootness despite continuing dispute if no effectual relief is possible)
- Ruvalcaba v. City of Los Angeles, 167 F.3d 514 (if no possibility of relief remains, claim is moot)
- Gator.com Corp. v. L.L. Bean, Inc., 398 F.3d 1125 (declaratory-relief mootness standard—immediacy and reality)
- Williams v. Gover, 490 F.3d 785 (courts should avoid intermeddling in tribal membership and affairs)