3/21/18
Tribal Sovereign Immunity: Tribal Officials
u Sovereign immunity also protects tribal officials and tribal employees acting: q 1) In their official capacity; and q 2) Within the scope of their authority u Why protect tribal officials? q In suits against tribal officials, the sovereign entity (Tribe) is the “real, substantial party in interest” q A plaintiff cannot circumvent tribal immunity simply by naming an officer of the Tribe as a defendant rather than the sovereign entity q Ultimately, relief would run against the tribe - need to protect the tribe’s treasury
Tribal Sovereign Immunity: Tribal Officials
u “Individual” Acts vs “Sovereign” Acts q Individual - acts taken outside the scope of delegated authority are individual acts and are not protected acts of the sovereign (Tribe). q Sovereign –acts taken in official capacity and within the scope of delegated authority are protected acts of the sovereign (Tribe).
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