WASHINGTON — The Supreme Court on Wednesday restricted the ability of Indian courts to hear lawsuits involving nontribal members.
The 5-4 decision in favor of the Plains Commerce Bank came in a dispute involving the Long Family Land and Cattle Co. Inc., an Indian-owned business on the Cheyenne River Sioux Indian Reservation in South Dakota.
It was the first Supreme Court case involving Indian law for the court’s newest members: Chief Justice John Roberts and Justice Samuel Alito. Roberts wrote the majority opinion.
Generally, Indian tribal courts cannot hear disputes between tribal members and nonmembers. One exception enables regulating nonmembers who enter agreements with tribes or their members.
In his opinion, Roberts ruled against the Longs, saying that the exception does not allow tribes to regulate the sale of non-Indian land within a reservation.
The Long company had deeded its land to the bank in exchange for canceling some debts, a promise of loans and an opportunity to repurchase the property once all of Long’s debts were paid.
Most of the Long family’s cattle perished in frigid winter weather in 1996-97, prompting the bank to initiate eviction proceedings when Long was unable to settle its debt.
Long sued in the Cheyenne River Sioux tribal court, where a jury awarded the Indian-controlled company $750,000 plus interest, concluding the bank discriminated against the Longs based on their Indian status.
A U.S. District judge and the 8th U.S. Circuit Court of Appeals in St. Louis had said the tribal court could hear the lawsuit.
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