Here:
Reed v Gutierrez Cert Petition
Lower court materials here.
Questions presented:
I. Should the doctrine of tribal sovereign immunity be abrogated?
II. Even if the doctrine of tribal sovereign immunity should not be abrogated, should it bar claims against Indian tribes or their employees for their off-reservation torts?
Why in the hell didn’t the Pueblo submit the claim to insurance if they had coverage? Why buy it? Also, Insurance companies shoud never be allowed to hide behind Tribal SI even by doing it by treats to raise a tribe’s insurance rates. Also, Tribes should provide a forum or risk a ruling like the Supreme Court wants to get to (abrogating off rez SI), as evidenced in KIowa. Sovereign Immunity is not a Mac-10 with which to “spray and pray”. What happens when the ammo runs out? . Of such bad facts, bad law is made.