U.S. Supreme Court,
Native Americans
May 5, 2017
Lewis v Clarke blazes a trail
The tribal sovereignty ruling, like the 19th century duo, the case explores ground already covered but has a dramatic impact.
Steven S. Kimball
400 Capitol Mall Ste 2400
Sacramento , CA 95814
Fax: (916) 930-3201
Email: stvkmb52@gmail.com
UC Berkeley Boalt Hall
Steven is a lawyer in Sacramento
In just three pages of its recent opinion in Lewis v. Clarke, 2017 DJDAR 3953 (April 25, 2017), the U.S. Supreme Court answered definitively and in the negative the troublesome question of whether an employee acting within the scope of employment by an American Indian tribe or tribal business enjoys sovereign immunity to tort liability for personal injury. To do so, the court adopted a "real party in interest" rule. Sovereign immunity only extends to tribal employees acting, not i...
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