9th Circuit Rules In Favor of Checkpoint USA

On August 4, 2009, the 9th Circuit Court of Appeals finally rendered a verdict in my six year civil rights lawsuit against several police officers with the Tohono O'odham Police Department. The lawsuit stemmed from an illegal checkpoint operation conducted on December 20, 2002. See: https://www.checkpointusa.org/roadblock/roadblock.html

In the ruling, the court reversed Judge John Roll with the Tucson Federal District Court on several key points and reinstated lawsuit claims regarding the constitutionality of the roadblock while remanding the case back to district court for further proceedings:

"We conclude that a roadblock on a public right-of-way within tribal territory, established on tribal authority, is permissible only to the extent that the suspicionless stop of non-Indians is limited to the amount of time, and the nature of inquiry, that can establish whether or not they are Indians. When obvious violations, such as alcohol impairment, are found, detention on tribal authority for delivery to state officers is authorized. But inquiry going beyond Indian or non-Indian status, or including searches for evidence of crime, are not authorized on purely tribal authority in the case of non-Indians."

"Applying this analysis to the present record, we reverse the summary judgment in favor of the Officers on the § 1983 claim. The record indicates that the Officers realized quickly that Bressi was not impaired. It is not clear from the record exactly when or how the Officers determined that Bressi was not an Indian. There is no dispute in the evidence, however, that the Officers, after stopping Bressi, did not confine themselves to inquiring whether he was or was not an Indian. Their general request for identification was permissible as part of that determination, but they specifically requested Bressi to
show his drivers license and immediately treated his refusal as a violation of state law. Once they departed from, or went beyond, the inquiry to establish that Bressi was not an Indian, they were acting under color of state law. These actions established, beyond any dispute of fact, that the roadblock functioned not merely as a tribal exercise, but also as an instrument for the enforcement of state law."
- Bressi v Ford

Additionally, the court reinstated my request for injunctive relief:

"Because we reverse the dismissal of Bressis claim for damages under § 1983, we also reverse the district courts denial of his claim for injunctive relief. The district court held that Bressi could not show a constitutional violation—because of sovereign immunity—and he was thus not entitled to injunctive relief. Upon remand, Bressi has the opportunity to demonstrate such a constitutional violation."
- Bressi v Ford

Finally, the court made clear that tribal governments have no lawful authority to ban non-tribal members from state highway right-of-ways running through tribal land:

"The situation is complicated, however, by the fact that the roadblock was set up on a state highway. Unlike the case within most of the reservation, the Nation is not a gate-keeper on a public right of way that crosses the reservation. See Strate v. A-1 Contractors, 520 U.S. 438, 455-56 (1997). The usual tribal power of exclusion of nonmembers does not apply there." - Bressi v Ford

This latter issue was somewhat of a concern because the Tohono O'odham Nation has been making thinly veiled threats of banning me from traveling along sections of the state highway that pass through the reservation for years, presumably in retaliation for bringing this legal action forward. Fortunately, the ruling makes it clear the tribe has no such authority.

The 9th circuit's ruling in its entirety is located here: https://www.checkpointusa.org/roadblock/lawsuit/docs/appeals/07-15931Opinion.pdf

The case now goes back to district court for further proceedings.

Category:

Nonprofits & Activism

Tags:

• roadblock
• checkpoint
• tribal
• police
• state

[kayluz23]

The law is that he was on privet property actually anybody that in not a tribal member is not suppose to be on that land. A tribal member just has to spot someone non-native and call the police and they could go to jail simple as that.

[CheckpointUSA]

Actually you're wrong kayluz23. I was on state property. SR86, which was ceded to the state by the Tohono O'odham Nation in the 40's or 50's, is a state highway. The 9th circuit court of appeals in this case specifically ruled that a tribal nation cannot legally act like a gatekeeper along a state highway running through tribal land & has no authority to deny anyone passage on such highways.

[danpascooch]

Is this the same Internal Security Checkpoint you have submitted all of your uploads about? I didn't know it was on an Indian Reservation.

Anyway, good job! Also, your job sounds pretty sweet :)

However, I don't mean to be a jerk, but I have to ask, did anything happen to you to mess up your throat or something? No offense, but your voice sounds damaged.

[CheckpointUSA]

The lawsuit involves a checkpoint that was setup on the reservation about a mile further West along SR86 then where the current Border Patrol checkpoint is. That checkpoint involved tribal police , Customs agents and Border Patrol agents

From what I hear, enough tribal members complained about Border Patrol harassment on the reservation that the tribe refused to allow the Border Patrol to setup a checkpoint inside the reservation. Consequently, they set it up just outside its boundaries.

[THAWK3]

When is your Civil lawsuit going to commence?

[CheckpointUSA]

The lawsuit itself commenced in December of 2003. We've just been arguing for the past six years whether or not I had the right to sue the tribal officers. The district court ruled I didn't while the 9th circuit reversed earlier this month and ruled I did.

A status hearing in district court has been set for September 16th.

[N2thedrink]

That is fantastic news(for ALL of us)!

My question is can and will they be punished somehow? I probably know the answer..........sad.

[Tactikalguy1]

Great Job and Thank you for fighting for our rights!!!!!

[1775novten]

@furyofbongos Great line!

[gunmanbryan243]

@checkpointUSA is this u

[wavejumpinseadoo]

AH! That's why your so anal, you're an engineer! Lol, just kidding, I'm a second year engineering student, keep up the good work thought, you guys are losing your rights very quickly down there. Your government is trying to scare its people into compliance through exaggerated threats so that the individuals in power will be able to have complete control over YOUR country!

[furyofbongos]

You can beat the rap but you can't beat the ride.

This is how the government intimidates people into compliance of unconstitutional detainments.

[EngineeringIsMagic]

Congrats! From one engineer to another, kudos!

These moments are the ones that inspire you to keep fighting on. Recently, I had to fight my employer for health care rights, and went right for the jugular. I ended up making the entire system more LGBT friendly and affected the life of so many people, including myself. Sadly, no news coverage on that one, but still. People need to realize that they can be the change they want in the world.