Federal Court Dismisses Tort Claim Against Alabama-Coushatta Tribe

Here are the materials in Jones v. Alabama-Coushatta Tribe (E.D. Tex.):

1 Complaint

9 Motion to Dismiss

12 Amended Complaint

18 Motion to Dismiss

20 Response

21 Reply

22 Surreply

25 Magistrate Report

26 Tribe Objections

27 Jones Objections

29 Tribe Response

30 Supplemental Motion to Dismiss

31 Response

32 Reply

33 Magistrate Report

34 Jones Objection

35 Response

36 DCT Order

An excerpt:

Jones’s objections to the Reports do not raise any new arguments to support his claim that his premises liability claim is not barred by sovereign immunity. He instead continues to argue that this court should follow Wilkes v. PCI Gaming Authority, 287 So.3d 330and hold that the Tribe’s sovereign immunity is waived in the interests of justice. But as discussed in the first Report, the only court to cite Wilkes has declined to follow it. See Oertwich v. Traditional Vill. of Togiak, 413 F. Supp. 3d 963, 968 (D. Alaska 2019). The court agrees with the magistrate judge that “Wilkes, an Alabama Supreme Court decision that has never been cited by any circuit court, is not enough for this court to override both Fifth Circuit case law dismissing damages claims based on tribal sovereign immunity or the case law from other circuits upholding sovereign immunity for claims sounding in tort.” (Doc. #25, at 6). Thus, this claim must be dismissed.