8/20/19
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 outside the scope of delegated authority are considered individual acts and 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).
2
Made with FlippingBook - professional solution for displaying marketing and sales documents online