12/4/20
TRIBAL SOVEREIGN IMMUNITY: TRIBAL OFFICIALS
¡ Sovereign immunity also protects tribal officials and tribal employees acting: ¡ 1) In their official capacity; and ¡ 2)Within the scope of their authority ¡ Why protect tribal officials? ¡ In suits against tribal officials, the sovereign entity (tribe) is the “real, substantial party in interest.” ¡ A plaintiff cannot circumvent tribal immunity simply by naming an officer of the Tribe as a defendant rather than the sovereign entity. ¡ Ultimately, relief would run against the tribe - need to protect the tribe’s treasury.
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TRIBAL SOVEREIGN IMMUNITY:TRIBAL OFFICIALS
“Individual” Acts vs “Sovereign” Acts
Individual - acts outside the scope of delegated authority are considered individual acts and not protected acts of the sovereign (tribe).
Sovereign - acts taken in official capacity and within the scope of delegated authority are protected acts of the sovereign (tribe).
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