Federal Court Holds that Tribal Sovereign Immunity Survives Removal to Federal Court

But suggests that the law is unsettled. Here is the opinion in Ingrassia v. Chicken Ranch Bingo and Casino (E.D. Cal.): Ingrassia v Chicken Ranch Bingo and Casino DCT Order

An excerpt:

At this point, the case law is not absolutely clear whether tribal sovereign immunity is more like the immunity enjoyed by the states or by foreign sovereigns in the circumstance of removal. There are a number of cases in which courts have applied tribal sovereign immunity after removal without addressing the issue. See New York v. Shinnecock Indian Nation, 280 F.Supp.2d 1, 8 (E.D.N.Y.2003);Maynard v. Narrangansett Indian Tribe, 798 F.Supp. 94 (D.R.I.1992); Missouri ex rel. Nixon v. Coeur D’Alene Tribe, 1997 U.S. Dist. LEXIS 21776 (W.D.Mo. Nov. 19, 1997). In other cases where tribes removed, courts have pierced immunity but not based on waiver from removal. See Dry Creek Lodge, Inc. v. Arapahoe & Shoshone Tribes, 623 F.2d 682 (10th Cir.1980). These cases, in conjunction withSonoma Falls, leads to the conclusion that removal to federal court does not waive tribal sovereign immunity. However, the issue is not settled and appeal may be fruitful for Plaintiffs.