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COEUR D'ALENE TRIBE OF IDAHO v. STATE OF IDAHO

No. 92-36703.

42 F.3d 1244 (1994)

COEUR D'ALENE TRIBE OF IDAHO, in its own right and as the beneficially interested party subject to the trusteeship of the United States of America; Ernest L. Stensgar; Lawrence Aripa; Margaret José; Domnick Curley; Al Garrick; Norma Peone; Henry Sijohn, individually, in their official capacity and on behalf of all enrolled members of the Coeur D'Alene Tribe of Idaho, Plaintiffs-Appellants, v. STATE OF IDAHO; Cecil D. Andrus, Governor; Pete Cenarrusa, Secretary of State; Larry Echohawk, Attorney General; J.D. Williams, Auditor; Jerry Evans, Superintendent of Public Instruction; Keith Higginson, Director, Dep't of Water Resources, each individually and in his official capacity; Idaho State Board of Land Commissioners; Idaho State Department of Water Resources, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided December 9, 1994.

Attorney(s) appearing for the Case

Raymond C. Givens and Shannon D. Work, Givens & Funke, Coeur d'Alene, ID, for plaintiffs-appellants.

Steven W. Strack, Deputy Atty. Gen., Boise, ID, for defendants-appellees.

Before: WRIGHT, REAVLEY, and LEAVY, Circuit Judges.

LEAVY, Circuit Judge:

An Indian tribe brought this action against a state, state agencies, and state officials for quiet title, injunctive relief, and declaratory relief. The district court dismissed all the claims on the grounds of Eleventh Amendment immunity and failure to state a claim. The Indian tribe appeals. We affirm in part, reverse in part, and remand.

FACTS

The Coeur d'Alene Indian Tribe (the Tribe) brought this action in federal district...

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