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By stan_sipple

Employee of the Squaw Creek Truck Stop that the Iowa Tribe of Kansas and Nebraska owns sued the tribal government for wrongful termination. The trial court dismissed because the Tribe had not waived its sovereign immunity. Missouri Court of Appeals affirms, although the tribal corporation charter included a "sue and be sued" clause, that did not make the Tribe waive its immunity. Larry Ogden, Appellant v. Iowa Tribe of Kansas and Nebraska, Respondent. WD67912 04/29/2008 Circuit Court of Holt County, Hon. Roger Martin Prokes
"US Supreme Court precedent has established that recognized native American tribes enjoy sovereign immunity from suit unless Congress has abrogated it through legislation, or unless the tribe waives its immunity. In either case, the intent to defeat or waive immunity must be "unequivocally expressed." In the absence of an express waiver, tribal immunity is enjoyed whether the tribe engages in governmental or commercial activities, and applies whether the action takes place on or off tribal lands. The Iowa Tribe's corporate entity has a "sue and be sued" clause in its corporate charter. Such a clause may waive the tribal corporation's immunity, but it does not waive the immunity of the tribe. Ogden's petition clearly indicates that his suit is against the tribal governmental entity, and not against the corporation.

Full post as published by Showmeblawgs on May 03, 2008 (boomark / email).