Arizona Court Holds ISDEAA Waives Tribal Immunity in State Court

Here’s the court’s opinion.

An excerpt:

In this case, the GRIC officers were acting in the course and scope of their employment, but off the geographical boundaries of Indian Country. The Federal Tort Claim Act does not apply. Their activities instead fall within the intent of 25 U.S.C. § 450f(c). To the amount of GRIC liability coverage for the Defendants’ law enforcement activities off Indian Country not covered by FTCA, the GRIC has waived its Sovereign Immunity to suit in Arizona. The Court finds persuasive the U.S.A.’s Amicus Brief legal analysis. The Tribe has waived its Sovereign Immunity for the activities of the Defendant Officers in this case.

2 thoughts on “Arizona Court Holds ISDEAA Waives Tribal Immunity in State Court

  1. Joe Panesko February 3, 2012 / 4:33 pm

    Any way you could obtain and post the US’s amicus brief endorsed in this opinion?

  2. Trent February 3, 2012 / 7:45 pm

    I’d really like to see that amicus brief too. I have a message out trying to get a copy from the defendants’ lawyers. If I get it, I’ll post it.

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