Kickapoo Court Dismisses Charges against Tribal Elected Officials

Here is the news coverage.

An excerpt:

In her decision handed down on March 12, Judge Wahwassuck found:

1. The Plaintiffs (have) failed to carry their burden of establishing that the Kickapoo Tribe in Kansas and/or its agents (the Defendants herein) have waived tribal sovereign immunity in this matter.

2. The Plaintiffs have failed to demonstrate that they have a “property” right to their positions on the Gaming Commission, and thus have failed to demonstrate that their due process rights under the Indian Civil Rights Act were violated.

With these findings and her conclusion of law that the Defendants action was protected from suit under the doctrine of sovereign immunity, the Defendant’s motion to dismiss was granted with prejudice, meaning it cannot be refiled.