In a 42 U.S.C. section 1983 action claiming that defendant-officers stopped plaintiff at an illegal roadblock, summary judgment for defendants is affirmed in part where clearly established law did not render the roadblock unconstitutional. However, the ruling is reversed in part where the roadblock functioned not merely as a tribal exercise, but also as an instrument for the enforcement of state law.
Argued and Submitted November 20, 2008
Filed August 4, 2009
Opinion by Judge Canby
David J. Euchner, Tucson, AZ