Shirk v. City of Chandler (Arizona State Court): Indian Self-Determination Act as General Waiver of Tribal Immunity

Matthew L.M. Fletcher

Apparently, plaintiffs in Arizona have begun to file tort cases that are not within the scope of the Federal Tort Claims Act against Indian tribes and tribal employees in state court on the theory that 25 USC sec. 450f(c) is a waiver of tribal sovereign immunity for claims that don’t fall within the FTCA.

Here are the materials in one such case:

Motion to Set Aside Judgment 12.22.10

 

 

 

Gila River Indian Community Amicus Brief 06-08-11

 

US Motion for Leave to File Amicus Brief 06.01.11

Amended Opposition to Motion to Set Aside 02.02.11

Reply on Motion to Set Aside 02.18.11

Doc 43 – Order of Dismissal in FTCA Action 08.27.10

2 thoughts on “Shirk v. City of Chandler (Arizona State Court): Indian Self-Determination Act as General Waiver of Tribal Immunity”

  1. Pingback: Arizona COA Briefs in ISDEAA Tribal Immunity Case — Case to Watch | Turtle Talk
  2. Pingback: Arizona COA Decides ISDEAA Immunity Case in Favor of Tribal Interests | Turtle Talk

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