Federal Court Dismisses Slip-and-Fall Action against Wyandotte Casino in Kansas

Here are the materials in Johnson v. Wyandotte Tribe of Oklahoma (D. Kan.):

7 Wyandotte Motion to Dismiss

12 Johnson Response

15 Wyandotte Reply

19 DCT Order

An excerpt:

Plaintiff brings this personal injury action against the Wyandotte Nation for injuries she sustained when she fell down a flight of stairs at the 7th Street Casino, which is located on land held in trust by the United States for the benefit of the Wyandotte Nation. This matter comes before the Court on defendant’s Motion to Dismiss (Doc. 6). Defendant argues that the Court must dismiss plaintiff’s lawsuit because defendant, a federally recognized Indian tribe, is immune from unconsented suit and, therefore, the Court lacks subject matter jurisdiction under Fed. R. Civ. P. 12(b)(1).1 After considering the arguments made by both parties, the Court grants defendant’s Motion to Dismiss.