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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.
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.
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.
Apr. 27—The Alaska Supreme Court on Friday extended tribal sovereign immunity to a tribal consortium, overruling a decision it made 20 years ago that refused to take a similar step. In simple ...
Lewis v. Clarke, 581 U.S. ___ (2017), is a case in which the Supreme Court of the United States ruled 8–0 that tribal sovereign immunity does not apply in a suit against a tribal employee in his individual capacity, and an indemnification provision cannot extend tribal sovereign immunity to cases in which it would otherwise not apply.
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 ...
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 ...
Jan. 16—The state Supreme Court on Tuesday ruled personal injury lawsuits against New Mexico tribal casinos cannot be brought in state court — a landmark decision that settles a long-running ...