Nevada v. Hicks, 533 U.S. 353, 13 (2001)

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Cite as: 533 U. S. 353 (2001)

Opinion of the Court

capacities. We think, however, that the distinction between individual and official capacity suits is irrelevant. To paraphrase our opinion in Tennessee v. Davis, 100 U. S. 257, 263 (1880), which upheld a federal statute permitting federal officers to remove to federal court state criminal proceedings brought against them for their official actions, a State "can act only through its officers and agents," and if a tribe can "affix penalties to acts done under the immediate direction of the [state] government, and in obedience to its laws," "the operations of the [state] government may at any time be arrested at the will of the [tribe]." Cf. Anderson v. Creighton, 483 U. S. 635, 638 (1987) ("[P]ermitting damages suits against government officials can entail substantial social costs, including the risk that fear of personal monetary liability and harassing litigation will unduly inhibit officials in the discharge of their duties").

C

The States' inherent jurisdiction on reservations can of course be stripped by Congress, see Draper v. United States, 164 U. S. 240, 242-243 (1896). But with regard to the jurisdiction at issue here that has not occurred. The Govern-ment's assertion that "[a]s a general matter, although state officials have jurisdiction to investigate and prosecute crimes on a reservation that exclusively involve non-Indians, . . . they do not have jurisdiction with respect to crimes involving Indian perpetrators or Indian victims," Brief for United States as Amicus Curiae 12-13, n. 7, is misleading. The statutes upon which it relies, see id., at 18-19, show that the last half of the statement, like the first, is limited to "crimes on a reservation." Sections 1152 and 1153 of Title 18, which give United States and tribal criminal law generally exclusive application, apply only to crimes committed in Indian country; Public Law 280, codified at 18 U. S. C. § 1162, which permits some state jurisdiction as an exception to this rule, is similarly limited. And 25 U. S. C.

365

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