Category Archives: sovereign immunity

Nooksack Kelly Faction Files Notice of Appeal in Rabang v. Kelly; IHS Reassumes Services “Effective Immediately”

Here is the notice of appeal: Notice of Appeal And the IHS letter: May 16 Letter from IHS to Robert Kelly Jr

Posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity, tribal membership, trust relationship | Tagged , , , | Leave a comment

Fletcher on Law360: “A Look At The Impact Of Lewis V. Clarke Thus Far”

Here: In Lewis v. Clarke, the U.S. Supreme Court held that individual capacity suits against tribal employees are not cloaked by an Indian tribe’s sovereign immunity. As most Indian tribes have already acquired general liability insurance to cover the tortious actions of their … Continue reading

Posted in Author: Matthew L.M. Fletcher, sovereign immunity, Supreme Court | Tagged | Leave a comment

Tribal Appellate Court Affirms Immunity Defense in Comanche Gaming Dispute

Here is the opinion in CDST-Gaming v. Comanche Nation (Ct. Indian Appeals): CDST Gaming v. Comanche Nation Lower court decision here. Related posts here, here, and here.

Posted in Author: Matthew L.M. Fletcher, Indian gaming, Research, sovereign immunity, tribal courts | Tagged , , , , | 1 Comment

Dakota Gaming Patron’s Privacy Act Complaint Dismissed

Here are the materials in Block v. Dakota Nation Gaming Commission (D.S.D.): 1 Complaint 5 Motion to Dismiss 9 DCT Order

Posted in Author: Matthew L.M. Fletcher, Indian gaming, Research, sovereign immunity | Tagged , , , , , | 1 Comment

Nooksack Disenrollees’ RICO Action against Nooksack Holdover Council (in their individual capacities) to Proceed

Here are the materials in Rabang v. Kelly (W.D. Wash.): ORDER MOTION OF DEFENDANTS KELLY, GEORGE, SMITH, SOLOMON, JOHNSON, CANETE, GEORGE, ROMERO, EDWARDS, AND ARMSTRONG TO DISMISS PURSUANT TO F. R. CIV. P. 12(B)(1) AND F. R. CIV. P. 12(B)(6) … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity, tribal courts, tribal election, tribal membership | Tagged , , , , , | Leave a comment

California COA Briefs in Individual Capacity Suit Arising at Elem Indian Colony of Pomo Indians

Here are the briefs in Brown v. Garcia: Opening Brief Here is a description of the matter from the appellant brief: This is a tort case concerning Respondents’ publication of defamatory statements against Appellants and whether Appellants are entitled to … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity | Tagged , , | 1 Comment

Jenn Weddle Guest Commentary on Lewis v. Clarke

This was the best possible result in this case (a narrow remand).  Justice Sotomayor’s opinion keeps tribal employees on equal footing with federal and state employees and decides the import of indemnification provisions – really have nothing to do with … Continue reading

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Initial Observations about Lewis v. Clarke

Opinion and materials here. The initial impact could be very big. The holding is pretty broad, bringing in the doctrine of official immunity to the tribal context without the same grounding or context as state and federal official immunity doctrines. … Continue reading

Posted in Author: Matthew L.M. Fletcher, economic development, Research, sovereign immunity | Tagged , , , | Leave a comment

Unanimous SCOTUS Rules Against Tribe in Lewis v. Clarke

Here is the opinion. Materials here.

Posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity, Supreme Court | Tagged , , | 1 Comment

U.S. Supreme Court Reverses and Remands Lewis v. Clarke

Opinion here. JUSTICE SOTOMAYOR delivered the opinion of the Court. Indian tribes are generally entitled to immunity from suit. This Court has considered the scope of that immunity in a number of circumstances. This case presents an ordinary negligence action … Continue reading

Posted in Author: Kate E. Fort, sovereign immunity, Supreme Court | Tagged , , , , | 2 Comments