Hicks was a member of the Fallon Paiute-Shoshone Tribes of western Nevada and lived on tribal land.

He then filed suit in Tribal Court against the wardens and the State of Nevada for alleging trespass, abuse of process, and violation of constitutional rights under 42 U.S.C.

The Court applied Montana, which asserts that Tribes lack civil jurisdiction over conduct of nonmembers on lands where they lack the right to exclude unless (1) the nonmember entered a "consensual relationship with the Tribe or its members" or (2) the nonmember's "conduct threatens or has some direct effect on the political integrity, the economic security, or the health or welfare of the tribe."

However, the Court finds that the "general rule of Montana applies to both Indian and non-Indian land."

While "[t]he ownership status of land" may sometimes be "dispositive," in general, it "is only one factor to consider in determining whether regulation of the activities of nonmembers is necessary to protect tribal self-government or to control internal relations.