Oliphant v. Suquamish Indian Tribe

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Oliphant v. Suquamish Indian Tribe, 435 U.S. 191 (1978)[1] is a United States Supreme Court case regarding the criminal jurisdiction of Tribal courts over non-Indians.

The case was decided on March 6, 1978, with a 6-2 majority. The court opinion was written by William Rehnquist; a dissenting opinion was written by Thurgood Marshall. Judge William J. Brennan abstained.

The case centered on the arrest of Mark Oliphant, a non-Indian, by tribal police. Oliphant argued that the tribal court does not have criminal jurisdiction over non-Indians. Eventually the Supreme Court agreed with him.

The case is considered a setback to Indian tribal sovereignty.

[edit] References

  1. ^ 435 U.S. 191 (Full text of the decision courtesy of Findlaw.com)
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