Seminole Tribe wins ruling in employment case due to immunity

Thursday, February 25, 2016

The Seminole Casino Immokalee in Florida. Photo from Seminole Tribe

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The Seminole Tribe of Florida can't be sued without its consent, the 11th Circuit Court of Appeals ruled on Wednesday.

Stanley Longo, a former employee at the Seminole Indian Casino Hotel Immokalee, alleged he was fired from his job as a security guard in violation of state and federal laws. But a federal judge dismissed the case, citing the tribe's sovereign immunity.

On appeal, Longo pushed what appeared to be a novel issue: he claimed that the tribe has never been federally recognized. But the 11th Circuit wasn't convinced, noting that the tribe indeed appears on the annual list published by the Bureau of Indian Affairs.

"We must follow the bureau’s determination about whether an Indian tribe is federally recognized," a three-judge panel wrote in a per curiam decision. "We therefore hold that the tribe is a federally recognized Indian tribe entitled to sovereign immunity."

Turtle Talk has posted briefs from the case, Longo v. Seminole Indian Casino-Immokalee.

11th Circuit Court of Appeals Decision:
Longo v. Seminole Indian Casino-Immokalee (February 24, 2016)

Federal Register Notice:
Indian Entities Recognized and Eligible To Receive Services From the United States Bureau of Indian Affairs (January 29, 2016)