Here is the unpublished decision in Bowen v. Mescalero Apache Tribe.
An excerpt:
Plaintiff has properly pled the conjunctive elements of waiver required by the Compact. Consequently, Defendant’s sovereign immunity from suit has been waived, and the district court improperly granted Defendant’s motion to dismiss for lack of subject matter jurisdiction.
Not sure if this means immunity is waived simply by pleading certain jurisdictional facts, or if the tribe’s immunity is reinstated assuming those jurisdictional facts are later disproven. Interesting conundrum.
Turtle Talk 