28 U.S.C. 1362 Doesn’t Waive Tribal Sovereign Immunity

Well, someone was bound to try it.

Turner v. McGee (N.D. Okla.)

An excerpt:

Petitioner, a member of the Kiowa Tribe, has brought this pro se action seeking injunctive relief against four administrative law judges employed by the Bureau of Indian Affairs. Respondents as administrative law judges preside over cases brought before the Court of Indian Offenses for the Kiowa Tribe. Petitioner seeks injunctive relief relative to decisions rendered by respondents while acting in their official capacities as administrative law judges.

Indian tribal governments, such as the Kiowa Tribe, enjoy immunity from suit the same as any other sovereign power. Tribal governments are subject to suit only where suit has been expressly authorized by Congress or the tribe has waived its immunity. * * *