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This is a list of U.S. Supreme Court cases involving Native American Tribes.Included in the list are Supreme Court cases that have a major component that deals with the relationship between tribes, between a governmental entity and tribes, tribal sovereignty, tribal rights (including property, hunting, fishing, religion, etc.) and actions involving members of tribes.
Tribal Sovereignty, Tribal Immunity Kiowa Tribe v. Manufacturing Technologies , 523 U.S. 751 (1998), was a case in which the Supreme Court of the United States held that an Indian Nation were entitled to sovereign immunity from contract lawsuits, whether made on or off reservation, or involving governmental or commercial activities.
During the time the case was pending, the U.S. Supreme Court decided Kiowa Tribe of Okla. v. Manufacturing Technologies, Inc. [2] In view of that decision, the decision of the Oklahoma Court of Civil Appeals was vacated and the case remanded. On remand, the Court of Civil Appeals held that the Potawatomi did have sovereign immunity and C & L ...
Padillo, being an officer of the tribe, does not receive the protection of tribal sovereign immunity. The obstacle for Martinez was that ICRA did not explicitly authorize suits against tribes in federal court. For her case to be lawful, the Court would need to find an implied cause-of-action that permitted federal suits against tribes.
Sovereign immunity, or crown immunity, is a legal doctrine whereby a sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution, strictly speaking in modern texts in its own courts.
The United States has waived sovereign immunity to a limited extent, mainly through the Federal Tort Claims Act, which waives the immunity if a tortious act of a federal employee causes damage, and the Tucker Act, which waives the immunity over claims arising out of contracts to which the federal government is a party. The Federal Tort Claims ...
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Michigan v. Bay Mills Indian Community, 572 U.S. 782 (2014), was a United States Supreme Court case examining whether a federal court has jurisdiction over activity that violates the Indian Gaming Regulatory Act but takes place off Indian lands, and, if so, whether tribal sovereign immunity prevents a state from suing in federal court. [1]