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Poarch Creeks face another lawsuit for liquor served at casino

Filed Under: Litigation
More on: alabama, immunity, liquor, poarch creek

The Creek Casino Montgomery in Alabama. Photo from Facebook

The Poarch Band of Creek Indians in Alabama will have to answer to a lawsuit over liquor served at one of its casinos.

Adrianne Kelly and Edward Gilbert claim they were injured by a man who was over-served liquor at the Creek Casino Montgomery. The tribe sought to dismiss the lawsuit but a trial judge refused.

The tribe then filed a writ of mandamus with the Alabama Supreme Court to dismiss. The court declined the request so the case will continue before the trial judge.

However, Chief Justice Roy S. Moore wrote an unusual opinion in which he explained why he agreed to deny the writ. He said the tribe has waived its sovereign immunity by purchasing insurance under the state's dram shop law.

"The doctrine of tribal immunity, intended in part to shield Indian tribes from exploitation by outsiders, is not also a sword tribes may wield to victimize outsiders," Moore wrote in the opinion.

The tribe is also facing a lawsuit from a woman whose who was killed in an accident. She claims the driver was over-served liquor at the Wind Creek Casino.

Get the Story:
Alabama Chief Justice Roy Moore: Poarch Creek Indian casino not immune from alcohol-serving lawsuit (AL.Com 5/23)

Related Stories:
Mother appeals lawsuit over death linked to Poarch Creek casino (03/28)

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