11/29/22
¡ Where the Court Went Wrong: ¡ State courts are not meant to have any role in tribal gaming licensing, let alone decide whether tribal officials are in compliance with their own laws. ¡ The Commissioners’ motives for carrying out an otherwise official and lawful act are irrelevant for purposes of sovereign immunity. ¡ Decision allows plaintiff to sue Commissioners individually for an action of the tribe’s government. ¡ This means tribal officials may be held personally liable simply by voting or participating in a decision to effect a sovereign act of the tribe.
TRIBAL SOVEREIGN IMMUNITY: ISSUES CONSIDERED BY COURTS
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¡ It’s Not as Bad as it Sounds: ¡ The case has been “depublished,” which means it’s non-binding and cannot be relied on as precedent. ¡ Also, bear in mind this is a state court decision. ¡ Nonetheless, the case serves as a cautionary tale for TGRA officials and employees. ¡ Key question is: what can you do to avoid finding yourself in this situation?
TRIBAL SOVEREIGN IMMUNITY: ISSUES CONSIDERED BY COURTS
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