354
Syllabus
executing process is considerable, and it no more impairs the Tribes' self-government than federal enforcement of federal law impairs state government. The State's interest is not diminished because this suit is against officials in their individual capacities. Pp. 360-365.
(d) Congress has not stripped the States of their inherent jurisdiction on reservations with regard to off-reservation violations of state law. The federal statutory scheme neither prescribes nor suggests that state officers cannot enter a reservation to investigate or prosecute such violations. Pp. 365-366.
2. The Tribal Court had no jurisdiction over the § 1983 claims. Tribal courts are not courts of "general jurisdiction." The historical and constitutional assumption of concurrent state-court jurisdiction over cases involving federal statutes is missing with respect to tribal courts, and their inherent adjudicative jurisdiction over nonmembers is at most only as broad as their legislative jurisdiction. Congress has not purported to grant tribal courts jurisdiction over § 1983 claims, and such jurisdiction would create serious anomalies under 28 U. S. C. § 1441. Pp. 366-369.
3. Petitioners were not required to exhaust their claims in the Tribal Court before bringing them in the Federal District Court. Because the rule that tribal courts lack jurisdiction over state officials for causes of action relating to their performance of official duties is clear, adherence to the tribal exhaustion requirement would serve no purpose other than delay and is therefore unnecessary. P. 369.
4. Various arguments to the contrary lack merit. Pp. 370-375. 196 F. 3d 1020, reversed and remanded.
Scalia, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Kennedy, Souter, Thomas, and Ginsburg, JJ., joined. Souter, J., filed a concurring opinion, in which Kennedy and Thomas, JJ., joined, post, p. 375. Ginsburg, J., filed a concurring opinion, post, p. 386. O'Connor, J., filed an opinion concurring in part and concurring in the judgment, in which Stevens and Breyer, JJ., joined, post, p. 387. Stevens, J., filed an opinion concurring in the judgment, in which Breyer, J., joined, post, p. 401.
C. Wayne Howle, Senior Deputy Attorney General of Nevada, argued the cause for petitioners. With him on the briefs were Frankie Sue Del Papa, Attorney General, Paul G. Taggart, Deputy Attorney General, and Jeffrey S. Sutton. S. James Anaya argued the cause for respondents and filed a brief for respondent Hicks. Kim Jerome Gottschalk
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