Duro v. Reina

Duro v. Reina
Supreme Court of the United States
Argued November 29, 1989 Decided May 29, 1990
Full case name	Albert Duro v. Edward Reina, Chief of Police, Salt River Department of Public Safety, Salt River Pima-Maricopa Indian Community, et al.
Docket nos.	88-6546
Citations	495 U.S. 676 (more) 110 S. Ct. 2053; 109 L. Ed. 2d 693; 1990 U.S. LEXIS 2696; 58 U.S.L.W. 4643
Argument	Oral argument
Prior history	Duro v. Reina, No. CIV. 84-2107 PHX.WPC, 1985 WL 260639 (D. Ariz. Jan. 8, 1985), vacated by 851 F.2d 1136 (9th Cir. 1987)
Subsequent history	on remand, 910 F.2d 673 (9th Cir. 1990); on remand, No. CIV 84–2107–PHX–RGS, 1994 WL 714015 (D. Ariz. Nov. 16, 1990)
Holding
An Indian tribe may not assert criminal jurisdiction over a nonmember Indian.
Court membership
Case opinions
Majority	Kennedy, joined by Rehnquist, White, Blackmun, Stevens, O'Connor, Scalia
Dissent	Brennan, joined by Marshall
Laws applied
Indian Civil Rights Act of 1968, 25 U.S.C. §§ 1301 et seq.
Overruled by
United States v. Lara, 541 U.S. 193 (2004)

Duro v. Reina, 495 U.S. 676 (1990), was a United States Supreme Court case in which the Court concluded that Indian tribes could not prosecute Indians who were members of other tribes for crimes committed by those nonmember Indians on their reservations. The decision was not well received by the tribes, because it defanged their criminal codes by depriving them of the power to enforce them against anyone except their own members. In response, Congress amended a section of the Indian Civil Rights Act, 25 U.S.C. § 1301, to include the power to "exercise criminal jurisdiction over all Indians" as one of the powers of self-government.

The Salt River Indian Reservation, located to the east of Scottsdale, Arizona, is home to the Salt River Pima Maricopa Indian Community. The reservation was established in 1879 by executive order to recognize the occupation of the land by Pima and Maricopa Indians. The Indians moved from the Gila River Indian Reservation due to white settlers upstream diverting water from the Gila River to the point that the Indians could no longer farm there. Although the Indians had complained at the Gila River reservation, nothing was done to stop the theft of their water, where at the Salt River, the tribes were upstream of the settlers and did not have the same problem. In 1926, the Bureau of Indian Affairs (BIA) created a Pima Advisory Council and in 1934 the two tribes adopted a constitution for the reservation. The current constitution dates from 1940.