Background
The Comanche Nation sued officials of the Fort Sill Apache Tribe, alleging that the Tribe opened the Warm Springs Casino in violation of federal law. The Nation sought injunctive relief under the Indian Gaming Regulatory Act and damages under the Racketeer Influenced and Corrupt Organizations Act. The officials moved to dismiss, asserting tribal sovereign immunity. The district court denied the motion, leading to an interlocutory appeal.
The court’s reasoning
The court held that the Indian Gaming Regulatory Act abrogates tribal sovereign immunity, allowing the Nation to proceed with official-capacity claims under that statute. However, the court concluded that tribal immunity remains intact for official-capacity claims under RICO. For individual-capacity RICO claims, the court determined the officials were the real parties in interest and thus could not raise tribal immunity as a defense.
What it means going forward
Casino operators and tribal officials may face federal lawsuits under the Indian Gaming Regulatory Act but retain immunity against RICO claims filed against them in their official roles.
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