Federal judge says IGRA abrogated tribal sovereign immunity

Monday, April 30, 2012  

Congress has waived tribal sovereign immunity through the Indian Gaming Regulatory Act, a federal judge ruled on Friday.

Judge Gregory Frizzell said IGRA allows states or tribes to file lawsuits in federal court over Class III activities on Indian lands. So the Kialegee Tribal Town must answer to a lawsuit filed by the state of Oklahoma, he ruled.

"IGRA explicitly provides that the United States district courts shall have jurisdiction over 'any cause of action initiated by a State or Indian tribe to enjoin a class III gaming activity located on Indian lands and conducted in violation of any Tribal-State compact entered into,'" Frizzell wrote in a 22-page decision.

The Kialegee Tribal Town has entered into a Class III gaming compact with the state of Oklahoma. However, the tribe has not yet engaged in any type of gaming at the site of the Red Clay Casino.

The compact also does not explicitly refer to Indian lands. The agreement was approved by the Bureau of Indian Affairs.

The gaming site is an Indian allotment. The National Indian Gaming Commission hasn't said whether it qualifies as "Indian lands" under IGRA.

Turtle Talk has posted documents from the case, Oklahoma v. Hobia.

Get the Story:
Kialegee sovereign immunity argument rejected in casino lawsuit (The Tulsa World 4/28)
Judge rejects Okla. tribe's motion to dismiss suit over casino on sovereign immunity grounds (AP / The Tulsa World 4/28)
Federal judge says state of Oklahoma can proceed with casino suit (KJRH-TV 4/27)

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Battle over Kialegee Tribal Town's casino claims one victim (4/24)