AMERIND-US-SE-L Archives

From:
Subject: Judical assault
Date: Wed, 2 May 2001 19:40:13 EDT

Subj: Another Judicial assault on tribal sovereignty
Date: 5/1/01 7:28:21 AM Pacific Daylight Time
From: <A HREF="mailto:Aimfl">Aimfl</A>
To: <A HREF="mailto:SGMAIMFL">SGMAIMFL</A>
BCC: <A HREF="mailto:REDSKI9136">REDSKI9136</A>



This ruling erodes tribes status as a government since all governments are
afforded sovereign immunity from suit.

Supreme Court rules against tribe's immunity
APRIL 30, 2001 In a decision a tribal attorney said will have a tremendous
effect throughout Indian Country, the Supreme Court on Monday said the
Citizen Potawatomi Nation of Oklahoma can be sued over a seven-year-old
contract dispute. Overturning an Oklahoma state court decision, the Court
unanimously said the tribe waived its immunity from lawsuit. Applying
established principles on tribal immunity, the Court said the tribe's waiver
was "clear" when it signed the contract with a construction firm. As a
result, the tribe has to submit to binding arbitration with C&L Enterprises,
a roofing contractor, under state law. C&L wants to be compensated for the
tribe's withdrawal from the contract and has been pursuing the case for
several years. "We're disappointed in the decision," said Michael Minnis, an
Oklahoma City lawyer representing the tribe. "Its going to prove to be an
incredible boon for the non-Indian party who didn't do any work at all." In
1993, the tribe contracted with C&L to build a roof for a bank the tribe owns
on non-tribal land. The contract was executed on non-tribal land but included
a provision to submit to arbitration in the event any disputes arise. When
the tribe decided to go with another contractor, C&L filed suit. The company
initially won a judgment of $25,400 plus legal and other fees against the
tribe. The tribe protested, arguing it never waived its sovereign immunity.
Along with a case involving the Kiowa Tribe of Oklahoma, the dispute reached
the Supreme Court. In May 1998, the Court ruled the Kiowa Tribe hadn't
clearly waived its immunity for a contract it signed off-reservation. At the
same time, the Court ordered the judgment against the Citizen Potawatomi be
reconsidered in light of the Kiowa decision didn't actually decide the merits
of the case. The issue appeared to have been resolved, this time in favor of
the tribe. Due to the numerous conflicts between state and federal law,
however, the Court agreed to step in and resolve the matter. Although none of
the Court's principles about tribal sovereign immunity were changed, Minnis
said the decision will have a "significant impact" in Indian Country. He
warned that tribes make sure they don't waive their immunity inadvertently by
entering into a contract. Minnis also said he expects C&L to ask for at least
$100,000 in fees when the case returns to Oklahoma court. The Citizen
Potawatomi Nation had been supported by friend of the court briefs filed by
the United States and the San Manuel Band of Serrano Mission Indians of
California. Several states filed briefs in support of C&L Enterprises. C&L
Enterprises couldn't be reached for comment yesterday.

This thread:

• Judical assault by