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Tribe as Defendant
Suing an Indian Tribe May be Tricky but Still Worthwhile
If you have been injured at an Indian Casino, either as a patron or a worker, I might be able to help. Suing an Indian Tribe is tricky. Many, but certainly not all, tribes in this state have promulgated a limited waiver of sovereign immunity, meaning that you can sue them, but only on their terms.
Damages are typically limited to the limits of the insurance policy. Attorney’s fees and pain and suffering may also be limited. Many tribes also have a formal notice procedure and shortened statute of limitations. Some tribes also do not allow a jury trial.
Civil rights actions against Indian tribes under 42 USC 1983 are probably not going to work because an Indian tribe and/or official is probably not going to be acting under the color of state law. Employment discrimination claims based on Federal law may not work either, because the Civil Rights Act of 1964 doesn’t apply to Indian tribes.
However, the tribe itself may have a policy against workplace discrimination and other federal law may apply. In addition, personal injury claims probably will work. You might not get the same amount of money that you would get in state court, but it is probably still worth filing the claim.
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