U.S. Supreme Court Reverses and Remands Lewis v. Clarke

Opinion here.

JUSTICE SOTOMAYOR delivered the opinion of the Court.

Indian tribes are generally entitled to immunity from suit. This Court has considered the scope of that immunity in a number of circumstances. This case presents an ordinary negligence action brought against a tribal employee in state court under state law. We granted certiorari to resolve whether an Indian tribe’s sovereign immunity bars individual-capacity damages actions against tribal employees for torts committed within the scope of their employment and for which the employees are indemnified by the tribe.

We hold that, in a suit brought against a tribal employee in his individual capacity, the employee, not the tribe, is the real party in interest and the tribe’s sovereign immunity is not implicated. That an employee was acting within the scope of his employment at the time the tort was committed is not, on its own, sufficient to bar a suit against that employee on the basis of tribal sovereign immunity. We hold further that an indemnification provision does not extend a tribe’s sovereign immunity where it otherwise would not reach. Accordingly, we reverse and remand.

Previous posts, briefs, and other documents here.

Tenth Circuit Materials in Donelson v. U.S.: NEPA Challenge to Interior Drilling Approvals re: Osage Mineral Estate

Here:

Donelson Brief

Industry Response Brief

US Response Brief

Reply TK

Lower court materials here.

SCOTUS Denies Cert in Sun v. Mashantucket

Here is today’s order list.

Cert petition here.

Ninth Circuit Materials in Lyon v. Gila River Indian Community

Here:

Gila River Opening Brief

Lyon Answer Brief

Gila River Reply Brief

Oral argument video here.

Prior CA9 opinion materials here.

Here are the issues in the case, according to the tribe: Continue reading

Ninth Circuit Materials in False Claims Act Appeal against Salish Kootenai College

Here are the briefs in Cain v. Salish Kootenai College:

Opening Brief

College Brief

CSKT Brief

Reply

Oral argument video here.

Lower court materials in Cain v. Salish Kootenai College (D. Mont.):

16 Motion to Dismiss

21 Opposition

26 Reply

30 CSKT Amicus Brief

39 DCT Order

Ninth Circuit Materials in Atlantic Richfield Co. v. Laguna Construction Co.

Here are the briefs:

Opening Brief

Others briefs TK.

Lower court materials tag here.

Skokomish Suit against Suquamish Council Members Dismissed in Federal Court

Here are the materials in Skokomish Indian Tribe v. Forsman (W.D. Wash.):

15 Motion to Dismiss

19 Response

20-2 Sklallam Amicus Brief

22 Reply

34 DCT Order

Former Tribal Employee’s False Claims Act Suit to Proceed against Individuals, Sauk-Suiattle Tribe Dismissed

Here are the materials in Dahlstrom v. Sauk-Suiattle Tribe (W.D. Wash.):

13 Motion to Dismiss

15 Motion for TRO

19 Response to 15

20 Reply in Support of 15

22 DCT Order Denying 15

27 Response to 13

28 Reply in Support of 13

39 DCT Order on 13

Calif. COA Decides Scope of Tribal Immunity Waiver Matter

Here is the unpublished opinion in Federal Indians of Graton Rancheria v. Kenwood Investments (Cal. Ct. App. — First Dist.):

Federated Indians of Graton Rancheria v. Kenwood Investments

An excerpt:

The trial court’s ruling that the Tribe waived sovereign immunity with respect to Amendment No. 2 is affirmed. We reverse the award of attorney fees. All other aspects of the judgment remain undisturbed.

Tenth Circuit Materials in Finn v. Great Plains Lending LLC

Here:

Finn Brief

Great Plains Lending Brief

Finn Reply

Lower court materials here.