Absolute Immunity No Longer Absolute for Tribal Officials and Employees

On April 25, 2017, the United States Supreme Court decided Lewis v. Clarke, No. 15-1500, holding that tribal sovereign immunity does not bar suits against a tribe official or employee, in their individual capacity, for acts he or she committed within the scope of their tribal employment, even where the tribe has indemnified the individual for such claims. As sovereigns, tribes and tribal businesses generally remain immune from tort suits, such as personal injury, negligence and fraud, but the Supreme Court’s ruling could result in the proliferation of lawsuits against tribal employees. More


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Indian Law & Gaming