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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.
Bay Mills Indian Community, 572 U.S. 782 (2014): The Supreme Court held that tribal sovereign immunity protects a tribe from suit for operating a casino outside Indian lands. [26] In her majority opinion, Justice Kagan cited Santa Clara for the proposition that in spite of federal plenary power, tribes remain separate sovereigns who pre-exist ...
Pages in category "United States tribal sovereign immunity case law" The following 9 pages are in this category, out of 9 total. This list may not reflect recent changes .
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 ...
The court cited case law from a pre-1924 case that said, "when Indians are prepared to exercise the privileges and bear the burdens of" sui iuris, i.e. of one's own right and not under the power of someone else, "the tribal relation may be dissolved and the national guardianship brought to an end, but it rests with Congress to determine when ...
Those officers now have immunity from her lawsuit. Desiree Martinez says police officers ignored her attempts to report her abusive boyfriend, who was also a cop. Those officers now have immunity ...
In 2010, in Oneida Indian Nation of New York v Madison County, NY, the Second Circuit held that tribal sovereign immunity barred a tax foreclosure suit against the tribe for unpaid taxes. [17] As urged by concurring judges José A. Cabranes and Peter W. Hall, the U.S. Supreme Court granted certiorari. [18]
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.