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Wacondo v. Concha3/11/1994
context as well:
Tribes are not mere fungible groups of homogenous persons among whom any Indian would feel at home. On the contrary, wide variations in customs, art, language, and physical characteristics separate the tribes, and their history has been marked by both intertribal alliances and animosities. Petitioner's general status as an Indian says little about his consent to the exercise of authority over him by a particular tribe.
Id. at 695 (citations omitted).
IV. Conclusion
We do not believe state courts' concurrent jurisdiction over torts committed within the boundaries of one pueblo by a member of another pueblo is preempted by federal law. Nor do we find that the provision of a state remedy, in this limited context, will in any way inhibit the right of reservation Indians to make their own laws and be governed by them. For these reasons, we must reverse the district court with instructions that Plaintiffs' complaint be reinstated to the docket.
IT IS SO ORDERED.
BRUCE D. BLACK, Judge
WE CONCUR:
THOMAS A. DONNELLY, Judge
A. JOSEPH ALARID, Judge
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