Ninth Circuit Holds Tribal Workers May Be Sued for Money Damages for Official Actions

Originally posted on Turtle Talk:

You read that right. A troubling case for tribal governments. Here the tribal workers were operating under a public safety cooperative agreement authorized under California statute in which the tribal government expressly reserved immunity.The facts truly are tragic — and bad facts make bad law. I’d say the fact that there’s a dissent is helpful, except our dissenter doesn’t object to the immunity holding.

The opinion in Maxwell v. County of San Diego is here. An excerpt:

In short, our tribal sovereign immunity cases do not question the general rule that individual officers are liable when sued in their individual capacities. We see no reason to give tribal officers broader sovereign immunity protections than state or federal officers given that tribal sovereign immunity is coextensive with other common law immunity principles. See Santa Clara Pueblo, 436 U.S. at 58. We therefore hold that sovereign immunity does not bar the…

View original 76 more words

SYRIA 360°

REPORTING ON EVENTS IN SYRIA AND THE MIDDLE EAST | ARABIC AND ENGLISH

PEACH STATE ANTI-RACIST-ACTION

Directly Confronting Racism Online and in the Streets!

A Halfbreed's Reasoning

artwork property of Christi Belcourt (http://www.christibelcourt.com)

SIPAZ Blog

Blog of the International Service for Peace

Spirit In Action

Change IS coming. WE can make it GOOD.

DEPRESSION: my muse

Trying to get to a better place.

bayareaintifada

Springboard for News, Updates, Analysis & Action Alerts for 3rd World Liberation & Decolonization from the Bay Area & Beyond

murrjw

murrjw

Red and Black Britain

An anarchists voice

BROTHA WOLF

Howling For Justice!

grassrootreuter

για να οπλίσουμε την κριτική στην καθημερινή δράση για τον κομμουνισμό.

BCfm Politics Show

A Bristol Angle on World Politics

[Modern Times]

4th World Issues, International Politics & Conscious Afro-Indigenismo

NEWS REPORTS FROM THE 50 MILLION MISSING CAMPAIGN

News reports on violence against women and girls in India

United States Hypocrisy

A critical analysis of the American empire's high-minded rhetoric, and the ways in which it continually fails to square with reality.

Compliance Campaign

Campaigning for U.S. compliance with international norms

Follow

Get every new post delivered to your Inbox.

Join 6,779 other followers