Inter-Tribal Suit Revived Due to Improper Sovereign Immunity

Officials with the Poarch Band of Creek Indians Tribal Council were improperly granted immunity from a suit from the Muscogee (Creek) Nation challenging a casino built upon a burial site, a federal appeals court ruled Friday.

The Muscogee Nation’s claims against officials with the Poarch Band of Creek Indians Tribal Council should have been evaluated on a claim-by-claim basis to determine sovereign immunity, the US Court of Appeals unanimously ruled in an opinion. Judge William Pryor said the district court incorrectly granted immunity based on the Poarch Band’s immunity from “several claims.”

“The district court should have separately considered ...