Document Type

Article

Publication Title

December 3, 2004

Publication Date

12-3-2004

Abstract

Bear Child, a member of the Blackfeet Tribe, was injured in a fall at one of the Tribe’s casino/bingo halls. Bear Child filed a personal injury suit against the Tribe, the Siyeh corporation which runs the casino/bingo hall, and First Americans Insurance, Siyeh’s insurer. The defendants moved to dismiss the case on the grounds of sovereign immunity. Siyeh argued that it is a department of the Tribe, entitling it to sovereign immunity. The Trial Court was unpersuaded by the defendants’ arguments for sovereign immunity. The Court held that the Tribe was acting in its corporate, not governmental capacity in relation to the casino/bingo hall business. The Court further held that the existence of a contract between the Tribe and Siyeh - which required Siyeh to obtain liability insurance - indicated that Siyeh was not an arm of the Tribe, since such a contract would be unnecessary if Siyeh was part of the Tribe. Thus, the Court held that Siyeh and First Americans Insurance were not immune from suit. The Court also held that the Tribe was not immune from suit by a tribal member, but only to the extent of the coverage of the insurance policy.

Download

Share

COinS