Justia U.S. 9th Circuit Court of Appeals Opinion Summaries

Bodi v. Shingle Springs Band of Miwok Indians

By
Plaintiff, a member of the Tribe, filed suit against the Tribe in California state court for employment-related claims. The Tribe timely removed to district court and then moved to dismiss based on tribal immunity. The district court denied the motion based on the ground that the Tribe unequivocally waived its immunity by removing the action to federal court. The court followed the Eleventh Circuit and held that the act of removal does not express the clear and unequivocal waiver that is required for a tribe to relinquish its immunity from suit. Accordingly, the court reversed and remanded for further proceedings. View "Bodi v. Shingle Springs Band of Miwok Indians" on Justia Law