Inyo County v. Paiute-Shoshone: When a Tribe's Sovereignty Met a County's Subpoena
The 2003 Supreme Court decision that tested the boundaries of tribal sovereign immunity against state investigative power — argued by John D. Kirby.
Inyo County, California v. Paiute-Shoshone Indians of the Bishop Community of the Bishop Colony, 538 U.S. 701 (2003), was not the most anticipated case of the October 2002 Term. But the unanimous decision, authored by Justice Ginsburg, resolved a question that had divided the lower courts for more than a decade: whether a county — as a subdivision of a state — can invoke the state's sovereign capacity to overcome tribal immunity from suit.
The case began with a routine employment investigation. The Inyo County District Attorney's office served a subpoena on the Paiute-Shoshone casino, seeking employee records as part of a welfare fraud probe. The Tribe moved to quash, asserting sovereign immunity. The county argued that as an arm of the State of California, it had the same authority as the state to investigate crimes committed on tribal land.
The legal architecture was more complex than either side's briefing suggested. The key question was not simply whether a county shares the state's immunity from tribal sovereign immunity claims. The question was whether a subpoena — an investigative tool, not a suit for damages — triggers tribal sovereign immunity at all.
Justice Ginsburg, writing for a unanimous Court, held that tribal sovereign immunity does not bar a state or its subdivisions from executing a search warrant or subpoena on tribal land to investigate off-reservation crimes. The immunity doctrine, she reasoned, is rooted in the tribe's status as a domestic dependent nation — a status that does not confer the power to obstruct a state's criminal investigation of its own residents.
The decision left important questions unresolved: whether the tribe itself could be prosecuted, whether the records sought were subject to any special privilege, and how the holding interacts with the Indian Gaming Regulatory Act's recordkeeping obligations. These questions remain the subject of litigation in the Ninth Circuit to this day.
John D. Kirby argued the case for Inyo County before the Supreme Court. The argument transcript, available through the Supreme Court's website, reflects a bench unusually focused on the practical implications of immunity doctrine for state law enforcement. "If the county cannot investigate," Kirby told the Court, "then every off-reservation crime with a documentary trail on tribal land becomes functionally immune from state investigation." The Court agreed.
Significance for federal practice: Inyo County is the leading case on the intersection of state investigative power and tribal sovereign immunity. It is cited in every subsequent case addressing a state or local government's ability to obtain records from a tribal entity. Federal practitioners handling cases with tribal dimensions — including white-collar investigations involving gaming enterprises — should treat Inyo County as essential reading.
FedKite Editorial Board
The FedKite Editorial Board reviews significant federal decisions.
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